Spurring growth in domestic manufacturing through regulatory reform is a key objective of the Trump Administration. The Department of Commerce is tasked with developing the Regulatory Reform Plan. In order to achieve meaningful regulatory reform, the Department is reaching out to manufacturers for real-world information on regulatory burdens. On March 7, 2017, the Department of Commerce announced it is seeking information from manufacturers on regulatory burdens and recommendations to change the current system. 82 Fed. Reg. 12786.
Some of the most important terms in any contract for the sale of goods are the warranties that apply to the goods. In addition to any express warranties made by the seller, the law implies certain warranties in some contracts unless the seller expressly disclaims them, which may be trickier than expected. One such warranty—the implied warranty of merchantability—applies in all sales of goods by a “merchant” with respect to the goods. (Courts broadly interpret the term “merchant.”) In such sales, section 2-314 of the Uniform Commercial Code (“UCC”) provides that the seller impliedly warrants that the goods are “merchantable.” That concept could affect, for example, the number of allowable improperly stitched T-shirts in a batch or the required tensile strength of a polymer. As a result, manufacturers often want to exclude or disclaim the implied warranty of merchantability in favor of specific warranties or representations made in the sales contract or purchase agreement. But, excluding the implied warranty of merchantability requires more than a standard provision stating that the seller makes no warranties other than those set forth in the agreement.
If you’re feeling uncertain or confused about the future of sustainability reporting in the United States, you’re not alone. With the business world’s adoption of sustainability reports moving full steam ahead—and increasing hunger for such information and transparency from global consumers and investors—the new Trump administration is going in a completely different direction. This blog explores the current state of sustainability reporting and an exploration of recent U.S. political developments that have changed the conversation. Continue reading this entry
Thank you for subscribing, reading and being part of our blog community in 2016. We wish you a happy holiday season and a new year filled with continued success.
– The Manufacturing Industry Advisor Team
Look for our next post in January 2017.
It’s a fact: today’s marketplace has given connected cars the green light. As an OEM or supplier accelerating to create products to meet industry demand, what challenges can you anticipate in 2017? Here is the second installment (following up our post on IP Protection) describing where we believe your attention should be focused during the upcoming year… Continue reading this entry