Risk of loss provisions are not triggered by a breach of a warranty or defect product. When are you willing to bear that risk?
Who bears the responsibility if the goods are lost, damaged or destroyed after the agreement is entered into and before delivery? Consider carefully at what point you are willing to bear that risk. Is it during the shipment, when the product has reached its destination, on the delivery vessel, or when it is in possession of the buyer? Purchasing contracts should contain provisions that sellers agree to comply with all applicable federal/state laws, standards and regulations.
Agenda
Faculty
Marlo Orlin Leach
Leach & Lowe LLC
- Managing member of Leach & Lowe LLC
- Focuses legal practice on tort, commercial, and environmental litigation
- Defends premises and product liability actions involving property damage and personal injury; including claims based on toxic torts, indoor air quality, and the manufacture and use of tools, machinery and chemicals
- Has spoken at national seminars on terms and conditions in purchase agreements and on warranties under Article 2 of the UCC
- Experienced in a variety of complex cases including business disputes, real estate and partnership disputes, RICO and fraud claims, breach of fiduciary duty claims, breach of warranty claims and complex contract matters
- Member of numerous professional and civic organizations
- J.D. degree, magna cum laude, Georgia State University College of Law; B.A. degree, Emory University
- Can be contacted at [email protected]
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