Contract Writing for Purchasing & Supply Management: Beyond the Basics

Dates 2 - 6 April 2007
20 - 24 August 2007
Location Kuala Lumpur
Fees US$ 3,850
CPE Credits 30

Introduction

When writing contracts, one size does not fit all. Oftentimes supply management professionals face specific situations that require customized contracts in order to be effective. This seminar will enhance your foundation of contract knowledge and enable you to construct more effective agreements in a variety of situations. This course includes numerous contracts, clauses and their use. Emphasis is placed on variation in clauses as they relate to various situations and needs. Certain key contracting situations will be included such as services, software issues, construction and electronic commerce. The course also addresses contracts from a global perspective and deals with international considerations.

Who Should Attend?

Experienced purchasing and supply management professionals who desire to increase their skills and knowledge of how to analyze and draft various types of contracts. Also, any professional who is interested in learning more about contracts from a procurement point of view.

Seminar Objectives - You Will Learn...

  • How to draft situation-specific contracts
  • How to analyze various types of contracts, including capital equipment, services, design work, construction, etc.
  • How to protect your organization from common contract pitfalls
  • To broaden and strengthen your contract-writing capability
  • How contracts should be put together and how contracts flow
  • How to change and broaden a contract for different situations
  • International concerns and clauses
  • How to write and review a contract

Seminar Outline

Overview of key contract law provisions:

  • Setting the foundation
  • Uniform Commercial Code (UCC)
  • Blanket agreements
  • RFPs
  • RFQs
  • POs
  • the contracting process

Contracts for goods

  • Inspectionn and acceptance
  • Security agreements
  • Special situations
  • Multi-party agreements

Agreements

  • Employment agreements, consulting agreements, and other service contracts, including
    • specifications
    • intellectual property rights and
    • ownership

Design and construction contracts

  • Pricing options and terms
  • Liability
  • indemnity
  • insurance
  • Mechanics' leins
  • Delay - use of liquidated damages and other remedies to ensure performance
  • Dispute clauses

Confidentiality/non-disclosure agreements

  • Indemnity/hold harmless agreements
  • Glossary of contract terms

Dealing with salespeople

  • How to protect your organization from salespeople who do not deliver what they promise

Technology and its effect of contracting

  • E-procurement and
  • the contracting process

Exercises in drafting and analysis of contracts


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