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Category: Auto

Chip supply mending but not out of the woods

Chip supply mending but not out of the woods

Improved semiconductor chip supply, coupled with decreased demand in other industries and automakers’ adaptations, have helped ease the global shortage. But some types of chips are still in short supply and trade tensions between the U.S. and China could further complicate supply chains.

Michigan Supreme Court opinion has 'wide implications' for supplier contracts, supply chain

Michigan Supreme Court opinion has 'wide implications' for supplier contracts, supply chain

The Michigan Supreme Court issued a key opinion this week in a case about supply chain contracts that clarifies uncertainty over terms and conditions and likely gives sellers more leverage at the negotiation table.

In MSSC Inc. v. AirBoss Flexible Products Co. — a local case stemming from a typical pricing dispute between a tier 1 and tier 2 supplier — the high court indicated that supply agreements are not requirements contracts by default, according to the opinion led by Justice Elizabeth Welch.

What it means is that buyers must be explicit in their contracts about what they intend to buy from sellers, rather than keeping the terms vague and therefore more flexible, often to the benefit of buyers. It levels the playing field for buyers and sellers, said Michael Brady, executive partner at Warner Norcross + Judd in Detroit and lead counsel to AirBoss in the case against its buyer.

“This case will have wide implications in the supply chain world,” Brady said.

“As the court found, it was muddled in this area of law. The way the law had been, it gave buyers, whether it’s an OEM or a supplier doing business with another supplier, a bit more bargaining power,” Brady said. The court’s new opinion does the opposite. “It puts everyone on the same level playing field during negotiations of a contract so everyone knows what they’re signing up to.” read more