Marketing materials, websites, and other media used to support products, and their sale are easily considered product representations. Statements that are fact-based should have factual support. Other, less tangible statements, or “puffing,” do not. That may seem like a simple distinction, but the application can be complex.

Sales are legally binding contracts. It may be governed by a multipage written agreement or a simple purchase order/invoice. How these deals take place, including the use of ordering systems, present an opportunity to establish commitments and define limitations through terms and conditions”. Opportunities to manage and allocate rights and responsibility begin with addressing a potential sale and run through product acceptance and payment.

We help clients meet their unique goals regarding product distribution in a contractual relationship, whether manufacturer, wholesaler, or installer.