“Our focus is to facilitate commercial transactions for our clients so that adverse commercial terms that would otherwise automatically apply by operation of law such as performance warranties and indemnifications do not risk or adversely affect the value of our clients’ overall business enterprise.”
Our Commercial Transactions practice focuses on the purchase and sale of products on a national and international basis. Commercial transactions include standard terms and conditions of sale and purchase, supply agreements, consignment and vendor managed inventory agreements, supply chain management issues, and e-commerce agreements (e.g. electronic data interchange agreements, web-based agreements and portals).
Hochheiser & Akmal is committed to continuous improvement recognizing that the law and business requirements of customers are ever-changing. Our approach is a holistic one since we recognize that commercial transactions are impacted by various bodies of laws and regulations. We draw on our extensive experience with the Uniform Commercial Code, the United Nations Convention on Contracts for the International Sale of Goods (CISG), other international sale of goods laws and regulations, the Federal Acquisition Regulations (FAR) and Defense Federal Acquisition Regulations Supplement (DFARS) and related flow-down obligations, international and local regulatory requirements, and quality requirements and restrictions required by applicable law. Our focus is to facilitate commercial transactions for our clients so that adverse commercial terms that would otherwise automatically apply by operation of law such as performance warranties and indemnifications do not risk or adversely affect the value of our clients’ overall business enterprise.
Our attorneys have developed legal solutions over 20 years that are designed to help our clients secure supply sources and purchase goods from their suppliers that meet their business needs and sell products and services to their customers in an efficient and competitive manner with significantly reduced risks. Some of these documented, legal solutions include:
- For transactions involving the sale of products, a documented system that provides realistic and customer-friendly warranties while significantly reducing product defect exposure and preserving the value of our client’s business. This system is designed to work both in the absence of and with signed agreements.
- For transactions involving the purchase of goods from suppliers, a documented system which is designed to secure supply sources and flow-down commitments from upstream customer contracts to suppliers in a business-friendly manner. These flow-down commitments may include the Federal Acquisition Regulations (FAR) clauses, Defense Federal Acquisitions Regulations Supplement (DFARS) clauses, Restriction on Hazardous Substances Directive (RoHS), Registration, Evaluation, Authorisation and Restriction of Chemicals Regulations (REACH), and the Conflict Minerals requirements of the Dodd-Frank Consumer Protection Act. Our goal with this solution is to ensure that you receive a secure supply source of goods that meet your requirements so that you can properly support your obligations to your customers. This system is designed to work both in the absence of and with signed agreements.
In addition to these solutions, H&A advises its national and international clients in various industries on service and support agreements including managed IT support contracts, service level agreements (SLA), and master services agreement and related statements of work.