Your legal dept. will want to put something, but it won’t be succinct. You’re 855 will be many times it’s current size with multiple MSG’s. The lengthy legalize will likely be ignored on your partners end, as mentioned in the prior responses.
If someone thinks it’s time to discuss adding MSG segments to your documents for the purposes of inserting the same “legally binding” disclaimer over and over, then it’s actually time to discuss creating a trading partner agreement so you don’t have to implement the MSG segments. Ken Cox From: Jason McMahon Sent: Tuesday, February 01, 2011 4:11 PM To: 'Leah Halpin' ; 'Ken Etter' Cc: [email protected] Subject: RE: [EDI-L] Disclaimer in Po Ack These are escape clauses. One of the most often used is: "Price subject to change without notice", otherwise all price changes would have to be published; a very expensive endeavor indeed. And in order not to get sued, such language will have to be explicit somewhere. As far as delivery dates are concerned, it is usually the buyer who determines after what date and/or before what date they will not accept a shipment. Often times this is sent in the PO to cover merchandise listed in newspaper ads and store openings. When it comes to ship dates, it usually means the last day the shipment may leave the warehouse before someone will have to call ahead and get authorization for its delivery. Most of the time this is spelled out in the contract with the penalties incurred if there is a failure to comply. Sincerely, Jason McMahon 8079 Village Drive Cincinnati, OH 45242-4315 <mailto:mailto:gutausse%40cinci.rr.com> mailto:gutausse%40cinci.rr.com <http://gutausse.weebly.com/articles.html> http://gutausse.weebly.com/articles.html http://gutausse.blogspot.com/ <http://www.linkedin.com/pub/jason-mcmahon/11/743/51b> http://www.linkedin.com/pub/jason-mcmahon/11/743/51b _____ From: mailto:EDI-L%40yahoogroups.com [mailto:mailto:EDI-L%40yahoogroups.com] On Behalf Of Leah Halpin Sent: Tuesday, February 01, 2011 3:58 PM To: Ken Etter; Jason McMahon Cc: mailto:EDI-L%40yahoogroups.com Subject: Re: [EDI-L] Disclaimer in Po Ack The others are correct, if you want a legal opinion, ask a lawyer, if you want five legal opinions, ask five lawyers (or the same lawyer on five different days). EDI is supposed to be machine to machine. Machines don't understand "the dates are estimated, not realistic". Really, I'm not sure I do, either, perhaps your people meant "the dates are estimated, not actual"? You see, it's not only the fact of putting a human readable comment in an electronic document meant to be read and interpreted by machines, but, even further, if the machine at the other end can "pass" the text to somewhere that a human might read it, how then, will they interpret the data, and will they have the power or knowledge or interest to update/change their system to reflect this? Or will they just say, your shipment is late, if you do this again, we will stop buying from you. Also, think of this, if they can, and will, update their system manually, what are they supposed to update it to? Most likely the ERP has an "expected due date" field, but, I'm almost positive it doesn't have a "perhaps we'll get it by sometime around the X of the Y month or maybe not" field. Finally, why on earth aren't the dates actual? Why are you sending bad data? If your company can't make the date required, then it's time for your sales guys to find their tinkerbells and call their customer and make nice. That's what they get PAID for. Leah ________________________________ From: Ken Etter <mailto:edispec%40yahoo.com <mailto:edispec%40yahoo.com> > To: Jason McMahon <mailto:gutausse%40cinci.rr.com <mailto:gutausse%40cinci.rr.com> > Cc: mailto:EDI-L%40yahoogroups.com <mailto:EDI-L%40yahoogroups.com> Sent: Tue, February 1, 2011 1:23:18 PM Subject: Re: [EDI-L] Disclaimer in Po Ack Yes, this is usually a question for your Legal but also you will need to involve any trading Partner the 855 is being sent to. In most cases, the 855 specs are provided by your customer and they will need to indentify how they want to include any disclaimer in the 855. As Jason pointed out, this is a legal issue and actually should probably be a part of any contract between your company and the customer. Ken mailto:edispec%40yahoo.com <mailto:edispec%40yahoo.com> ________________________________ From: Jason McMahon <mailto:gutausse%40cinci.rr.com <mailto:gutausse%40cinci.rr.com> > To: Narayanan Bharadwaj <mailto:narayananbharadwaj%40yahoo.com <mailto:narayananbharadwaj%40yahoo.com> >; edi list <mailto:edi-l%40yahoogroups.com <mailto:edi-l%40yahoogroups.com> > Sent: Tue, February 1, 2011 1:02:51 PM Subject: RE: [EDI-L] Disclaimer in Po Ack This may be a question for the legal department. I have only seen this language in the contracts themselves. However, such language could be used in the MSG segments if this becomes necessary. Sincerely, Jason McMahon 8079 Village Drive Cincinnati, OH 45242-4315 <mailto:mailto:gutausse%40cinci.rr.com <mailto:gutausse%40cinci.rr.com> > mailto:gutausse%40cinci.rr.com <mailto:gutausse%40cinci.rr.com> <http://gutausse.weebly.com/articles.html> http://gutausse.weebly.com/articles.html http://gutausse.blogspot.com/ <http://www.linkedin.com/pub/jason-mcmahon/11/743/51b> http://www.linkedin.com/pub/jason-mcmahon/11/743/51b _____ From: mailto:EDI-L%40yahoogroups.com <mailto:EDI-L%40yahoogroups.com> [mailto:mailto:EDI-L%40yahoogroups.com <mailto:EDI-L%40yahoogroups.com> ] On Behalf Of Narayanan Bharadwaj Sent: Tuesday, February 01, 2011 12:49 PM To: edi list Subject: [EDI-L] Disclaimer in Po Ack Hi all,just want to get your opinion on this.We are a distributor and have been using Po Ack (855) with our end customers for quite some time now.However, our business wants us to put a text message like "the dates are estimated, not realistic"...to avoid any legal binding. Just want to know if this is normal in EDI messages or if there could be any implications... Please share your commentsThanks ahead for your inputs. Have a good day!!NB [Non-text portions of this message have been removed] [Non-text portions of this message have been removed] [Non-text portions of this message have been removed] [Non-text portions of this message have been removed] [Non-text portions of this message have been removed] -------------------------------------------------------------------------------- No virus found in this message. Checked by AVG - www.avg.com Version: 10.0.1204 / Virus Database: 1435/3416 - Release Date: 02/01/11 [Non-text portions of this message have been removed] ------------------------------------ ... 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