Session 4: Risk Allocation in Vendor Agreements

Speakers:
Laurence Smith, Day Pitney LLP
Mark Morgan, Day Pitney LLP
Thomas Reck, Withum

Vendor agreements often foist upon the dealership the risk that programs or form customer contracts provided by the vendor do not comply with applicable federal or state law, this despite the vendor conducting business in multiple states and tailoring its programs and form contracts to the requirements of each state.

The presentation will also examine the potential detriment to dealers of other provisions of vendor agreements, such as limitation of liability, exclusion of certain types of damages, and alternate dispute resolution mandating two-party arbitration that prevents a dealer from being a member of a class action instituted by a third party.

Presentation 

Supplemental Materials