1995 NAPM Insights Article Index
Term selected: Legal Issues
A valuable reference tool, the Article Index is a comprehensive list of articles that have appeared in Inside Supply Management® (formerly Purchasing Today® and NAPM Insights®) magazine. Articles are organized by subject for easy locating and study.
Through a recent U.S. Court of Appeals decision, importers of foreign merchandise can reap considerable duty savings. Specifically, this court decision affects imported goods sourced from the manufacturer by a middleman, or trading company, at factory price and then resold to a U.S. customer at a higher price.
Course of performance, course of dealing, and usage of trade are three legal concepts that may influence the meaning of a written contract. Purchasers must know these concepts and be aware of their impact on each written contract being managed.
Pricing issues always influence your bottomline. Since you have the greatest leverage at the time of contracting, this is the time to protect yourself against excessive price increases and negotiate all of the hidden and future costs before you sign a contract. Various contract clause issues relating to price follow.
UCC Article 2 warranties pertain to hardware and software purchases, but do not apply to custom software services or the integration of the system.
A key measurement of purchasing professionalism is the ability to structure deals with successful outcomes. Yet, nearly every purchaser can share at least one story of how a supplier failed to meet its contractual obligations. With this in mind, how would you decide the two cases below?
The legislation implementing the North American Free Trade Agreement (NAFTA) also contains legislation to modernize the U.S. Customs Service. This statute, the Customs Modernization and Informed Compliance Act (euphemistically called the "Mod Act") introduces a number of changes in U.S. customs law. These changes include the electronic transmittal of information, recordkeeping procedures, drawback, customs audits, seizures of merchandise, customs rulings, protests, and accreditation of testing laboratories. The Mod Act fundamentally alters the relationship between an importer and the U.S. Customs Service by the introduction of the concept of "informed compliance" in its attempt to modernize the Customs Service business practices.
After an actual payment on delievered goods or performed services, the employer automatically (even if unintentionally) "ratifies" the actions of the unauthorized purchaser.
The difficult economic times of the past several years caused organizations to cut their operating expenses drastically and significantly reduce their workforces. However, as business and economic conditions gradually improve, companies are finding an increased need for additional workers.
This article is not available online.
In January, the U. S. Supreme Court ruled in the Interstate Commerce Commission's (ICC) favor, indirectly benefitting the shipper, in yet another case involving a bankrupt carrier, Transcon Lines. While this decision, Interstate Commerce Commission v. Transcon Lines, is limited to cases where the ICC's credit regulations apply, it narrows somewhat the broad liability imposed on shippers by the court's earlier decision in Maislin Industries v. Primary Steel.
FCC rules require facsimile advertisers to clearly identify themselves, give the date, time, and facsimile number.
With increasing frequency, procurement professionals are faced with the challenge of acquiring intellectual property, that is, intangible personal property, which includes patents, trademarks, service marks, copyrights, technology, and trade secrets. The procurement professional charged with the responsibility of purchasing drawings or models of a scientific or technical nature, artistic, audiovisual, or literary works, or computer software must understand the fundamentals of the law dealing with copyright "works," "authors," and "works for hire."