What happens if things go wrong?
Clearly document your concerns to the Supplier regularly, involve GSS leadership and Legal, and, to the extent possible, dual-source/dual qualify parts.
What are actions to take in the event of a breach?
According with the decision tree, when there are multiple regions and the annual spend is >$5M
When you use the Global MSA?
This type of warranty is identified specifically in writing in the contract. This is usually the best type of warranty to rely on.
What is an Express Warranty?
If a Supplier will hold Whirlpool tooling or equipment, then the Whirlpool buyer should always obtain this type of Agreement.
What is a Bailment Agreement?
Who Mexico and USA?
A party fails to substantially or materially fulfill its obligations under an agreement.
What is a “Breach?"
On a case-by-case basis, need the approvals from the Commodity leader and Legal.
When GSS wishes to contract down a level of the templates?
This legal concept (and contract provision) is a promise from Supplier that it will protect Whirlpool against future claims (typically those brought by third parties).
What is Indemnification?
In order to protect Whirlpool's ability to buy additional parts after production parts go obsolete, Whirlpool buyers should always confer with this team before finalizing a contract to ensure any additional provisions needed are properly addressed.
What is the Service Parts team?
This Transactions Team member [___________].
Who is Bill?
The materials are sole sourced, the breach is an anomaly and otherwise Supplier performs well, or there is difficulty in sourcing from a cost-effective alternative.
What are reasons Whirlpool may decide not to terminate a contract despite a breach by the supplier?
Orders, term of the agreement, cost reduction and rebates, payment terms, meeting competition, additional terms, among others.
What are the clauses that no requiere legal review?
It is supplier-owned and managed inventory of Goods that is held within close proximity to our manufacturing facilities to ensure we do not run-out on short notice.
What is Vendor Managed Inventory (VMI)?
This is the best time to get an NDA.
What is BEFORE any confidential information is shared with the Supplier?
This member of the Transactions Team is actually a black belt (so be cautious about complaining too much! ha ha)
Who is Pervin Taleyarkhan?
A claim for damages, an injunction or other temporary order from a court, repair or replacement of goods, etc.
What are remedies Whirlpool may pursue in the event of a breach?
Is in charge of preparing the template to be sent to the supplier.
Who is GSS?
Sometimes words (promises) combined with actions can create this important relationship between parties.
What is a Contract?
For a GSS person to sign for the Mexico entities, he/she must be identified in the LAR-N Commitment of Authority Matrix and have this formal documented title.
What is Power of Attorney?
This Transactional team member is the newest of our team
Who is Odeth?
Supplier may request one of these in order to reduce its exposure for breach of contract (including warranty). Whirlpool typically rejects these types of clauses.
What is a limitation of liability?
Use to select the supply template you should use regarding the specific situation.
What the Decision Tree?
Although sometimes requested by Suppliers, limitations of liability, if allowed, should never be combined with this section of the contract.
What is the Indemnification Section?
This is Whirlpool's preferred e-signature platform
What is Adobe Sign?
This Transactions Team member has lived in 3 countries and currently resides in California.
Who is Sofia Garza?