A Michigan Supreme Court case may alter the rules in the auto supply industry, creating an advantage for companies further up the supply chain.
Our sister paper Crain's Detroit Business writes that the specific case decided July 11, involving Tier 1 suspension systems maker MSSC Inc. and rubber materials supplier AirBoss Flexible Products Co., appears on the surface to be a fairly standard dispute between two auto suppliers. But Justice Elizabeth Welch's decision that supply agreements are not requirement contracts by default means that buyers must be explicit in their contracts about what they intend to buy, rather than keeping purchase terms vague and more flexible — a move that tends to favor buyers, court watchers said.
Attorney Michael Brady, who represented AirBoss, tells CDB's Kurt Nagle that it "levels the playing field for buyers and sellers."
"The way the law had been, it gave buyers — whether it's an OEM or a supplier doing business with another supplier — a bit more bargaining power," Brady said. The new opinion does the opposite.
That means the ruling should have implications for suppliers looking to pass on increased material costs, he added.