Directed Buy Agreement

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While it is difficult to anticipate any problems that may arise, we recommend that suppliers create a RASIC (Responsible, Approve, Support, Inform, Consult) diagram for each direct sales contract. This graph should show specific responsibilities for each company in order to define how the relationship should ultimately unfold. B. Incomplete corrective measures. If the customer only has guarantees for the directed parts and Tier 1 components, but not for the integrated product itself, it should be carefully checked that the warranty auxiliaries are large enough to make the customer a whole. Guarantee measures are often limited to repairing or replacing the defective product or refunding the purchase price. To the extent that (by mutual agreement of the parties, in dispute resolution or otherwise) it is established that a default is due to the intended party, these limited means of guarantee do not take into account the service charges that the customer pays to the tier 1 supplier to mount the affected party with the Tier 1 component. , or the price paid by the customer for the Tier 1 component if the defect in the directed part renders the tier 1 component unusable or requires integration. The services of the tier 1 provider are again performed. If leverage allows, the best method for a directd-buy customer is to require Tier 1 supplier to guarantee the product as a whole. In a plethora of precautions, especially where the tier 2 supplier is the most financially sound company, the customer may also want to have a separate warranty contract with the Tier 2 supplier in order to offer the customer another potential means of recovery, although the agreement reached by the customer with the Tier 1 supplier specifies that, notwithstanding such an agreement between the customer and the Tier 2 supplier. , the customer is not required to provide any other means of recovery.

, to file an appeal against the third-tier supplier. Similarly, the Tier 2 contract should be clear that it only creates guarantee obligations for the Tier 2 supplier and does not create obligations (payment or otherwise) for the customer. In addition, the means of guarantee of tier 1 and Tier 2 supplier, even subject to leverage between the parties, would not ideally be subject to restrictions or limits, b. Direct contractual relationship between customer and Tier 2 supplier. A second directed-buy arrangement structure is a structure in which the customer enters into a direct contract with the Tier 2 supplier in order to impose the Tier 2 supplier`s warranty liability directly on the customer. The customer also enters into contracts with the Tier 1 supplier for the integrated product.

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