Key Considerations in Procurement Agreements

This CLE presentation explored key considerations in negotiating procurement agreements for next-generation data center equipment and components.
Among other topics, it touched on the nuances between long and short lead times and the various strategies used to ensure on-time deliveries, manage late shipments, and manage order cancellations. The discussion also addressed various critical issues like warranty terms, integration work, and ownership of design—whether it remained with the supplier or became customer property—and the associated risk allocation when procuring large equipment versus smaller components. Additionally, it explored other supply chain risk allocation issues that often came up in these agreements and how lawyers could help balance the priorities of both customers and suppliers.
Speakers:
- Michael C. Herrera
Counsel - Christopher Wieman
Counsel