What happens if things go wrong?
Decision Tree and Preparing your template
Key Contractual Provisions
Other Contract Subjects
Potpourri
100

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?

100

According with the decision tree, when there are multiple regions and the annual spend is >$5M

When you use the Global MSA?

100

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?

100

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?

100
Are part of the NAR region

Who Mexico and USA?

200

A party fails to substantially or materially fulfill its obligations under an agreement.

What is a “Breach?"

200

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?

200

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?

200

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?

200

This Transactions Team member [___________].

Who is Bill?

300

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?

300

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?

300

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)?

300

This is the best time to get an NDA.

What is BEFORE any confidential information is shared with the Supplier?

300

This member of the Transactions Team is actually a black belt (so be cautious about complaining too much! ha ha)

Who is Pervin Taleyarkhan?

400

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?

400

Is in charge of preparing the template to be sent to the supplier.

Who is GSS?

400

Sometimes words (promises) combined with actions can create this important relationship between parties.

What is a Contract?

400

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?

400

This Transactional team member is the newest of our team 

Who is Odeth?

500

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?

500

Use to select the supply template you should use regarding the specific situation.

What the Decision Tree?

500

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?

500

This is Whirlpool's preferred e-signature platform

What is Adobe Sign?

500

This Transactions Team member has lived in 3 countries and currently resides in California.

Who is Sofia Garza?

M
e
n
u