In this week’s episode of Fridays with Frank, BTA General Counsel Emeritus Bob Goldberg delves into the somewhat controversial, updated dealer agreement from Konica Minolta. Goldberg, who retired nine months ago from his legal role at the Business Technology Association (BTA), was asked by Konica Minolta to consult on the drafting of the new contract and “spent four to five weeks on it,” he says. The 50+ year industry veteran recalls how much more contentious manufacturer-dealer relationships were in the 1980s and ’90s, when open-ended terms became the norm along with mutually agreed upon quotas.
Goldberg dives into the legalese of the new Konica Minolta contract, addressing the meaning of terms such as “reasonable” belief and discretion in Paragraph 4. He notes that it is important for dealers to mirror the language used by Konica Minolta regarding third-party software products and warranty disclaimers. For example, the OEM makes it clear in Paragraph 5c that dealers need to “look to developers for claims,” he explains.
