Of course, the point is to sell the widows and doors!

Even so, here too, it takes some work to navigate to an exciting yet reasonable promotional package.

Marketing materials, web sites and other media used to support product sales are readily construed as product representations in litigation. Statements which appear fact-based to the public should have existing factual support. Other less tangible statements, fairly recognized as “puffing,” do not. The rules appear simple but application can be complex.

A sales transaction is a legally binding contract. The sale may be governed by a multipage written agreement or simply a purchase order/invoice. Software-based ordering systems also present an opportunity to establish and define “terms and conditions” (TACs) of each product sale. The preference as to the content of TACs can depend on the nature of the buyer, e.g. distributor, retailer, builder or consumer. Opportunities for allocation of rights and responsibility down the distribution chain begin with communication addressing a potential sale and culminate with product acceptance and payment.

Opportunity and risk abound, but are always present together. Be wary of the practice of signing a buyer’s “standard form” contract.

The manufacturer’s goals regarding product distribution method should be embedded in a contractual relationship. An energetic distributor or dealer will not always agree with the manufacturer and it is advisable to set the many “rules of the road” up front.