Logistically Speaking: Using Delivery Terms to Allocate Supply Chain Risks
Allen L. Anderson, J.D.
Jeffrey L. Roth, J.D.
95th Annual International Conference Proceedings - 2010 - San Diego, CA
With surprisingly little fanfare, the American Law Institute and the National Conference of Commissioners on Uniform State Laws deleted from the newest version of the Uniform Commercial Code those shipping and delivery provisions previously governing domestic commerce. Some businesses have responded by using old UCC terms. However, as state legislatures begin to ratify the newest version of the UCC, users of old UCC terms will lose the benefit of having generally accepted definitions, and usages will become increasingly vague, inviting misunderstanding, controversy, and worse. Accordingly, many buyers and sellers find themselves seeking a suitable replacement for the deleted UCC shipping provisions, usually in the form of the International Chamber of Commerce's longstanding Incoterms. This seminar attempts to assist those buyers and sellers by helping users bridge the gap between the UCC terms and Incoterms 2000.