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Beware: Inspecting Goods May Waive Implied Warranty Protections
Businesses large and small, particularly those involved with the purchase of complex machinery and equipment, should be aware of the risks associated with inspecting products and components prior to purchase. The development of adequate inspection processes and procedures is essential given the potential to waive implied warranty protections by inspecting or testing equipment.
Introduction
When purchasing goods though an invoice, contract or otherwise, it is important to understand that a mere inspection of goods prior to purchase could waive implied warranty protections. A seller may effectively modify, or entirely exclude, implied warranties under the Uniform Commercial Code (UCC) by requiring a buyer to inspect, test or examine goods prior to purchase. U.C.C. § 2-316; see also Henry Heide Inc. v. WRH Prod. Co., 766 F.2d 105, 110-11 (3d Cir. 1985); Nufeeds, Inc. v. Westmin Corp., No. CIV.A. 3:CV-04-1071, 2006 WL 1000021, at *18 (M.D. Pa. Apr. 17, 2006) (stating that if a buyer examines the goods, he waives implied warranties).
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Warehouse Liability: Know Before You Stow!
As consumers continue to shift purchasing and consumption habits in the aftermath of the pandemic, manufacturers are increasingly reliant on third-party logistics and warehousing to ensure their products timely reach the market.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.