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Procurement & Contracts

Advanced Law & Contracting – (Level 3 – Advanced)

 

Who Should Attend:

  • Legal & Contracting Department Professionals
  • Procurement Departments & Professionals
  • Supply Chain Professionals

Course Objectives

This program aims to provide delegates with an increased awareness of the principles of contract drafting and objectives behind a wide range of standard contractual provisions used by both buyers and suppliers. The workshop will also extend delegates awareness of other legal regulatory regimes relating to outsourcing, anti-competitive practices, international trade and non-contractual civil liability.

What will you gain?

By the end of the workshop, participants will:
  • Understand contracts better
  • Manage specific clauses such as liabilities, variations and termination
  • Apply legal aspects while dealing with the contractors will achieve efficient results
  • Save costs by understanding all the risks within the contracts.
 

Course Content

This session will approach terms and conditions from three angles. Firstly, the buyer’s commercial requirement, secondly in the underpinning legal considerations and thirdly the supplier’s objectives in seeking to include a given contractual provision. The form and structure of contracts. 
  • E-Procurement – legal implications
  • The rules and law governing the tendering process
  • Performance definition and incentivisation clauses
  • Risk allocation clauses
  • Excusal of performance clauses
  • Liability of manufacturers and subcontractors
  • Specimen contractual terms (services; supplies) for discussion
  • Some dos and don’ts of contract drafting
  • TUPE – its impact on procurement (risks & liabilities connected with TUPE & model clauses to draft into outsourcing contracts)
  • Competition law UK & EU – issues concerning cartels, abuse of a dominant position and enforcement against infringements
    • International Trade – Incoterms 2000, shipping documents (especially bills of lading), letters of credit
    • Negligence liability in the UK
    • Remedies for breach of contract
    • Settlement of commercial disputes
    • Intellectual Property Law – basic rights; contractual terms and conditions.


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