Notesale: Turn your study into money

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Major issues in preparing the
contract relate to:
What you want to obtain
What you want to avoid
The options you have to protect
yourself if things go wrong
What you want to include or exclude in the
contract
Which clauses to use
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2-1
Action Point
Review a group of your past purchase contracts - I

What have you tried to obtain in the contracts
from your suppliers?

What have you tried to avoid?
ITC

Identify any trends that come out of your
review
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2-3

What to include or exclude in the
contract
 Trends towards outsourcing and new types of
relationships will influence the type of contract
 In a global environment not all terms have the
same meaning
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2-4

2
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2-3

Creating a Clause Book
Select a group of purchase contracts
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Select and list the various
types of clauses
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3-1

Action Point

2
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Attempt to identify the main source(s) of the
problem
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4-1

Different legal systems
The Civil Law countries:
 Europe except United Kingdom ……
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4-2

Different legal systems
The Muslim Law countries:
 Nothern Africa, Middle East, Iran, Afghanistan
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4-3

Consequences of different systems
The parties have to consciously select which
law should apply - if not…
Neither party may have a full understanding
of what is intended in the contract
Risk for misinterpretations

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4-1

Choosing the applicable law
Identify the nationalities of your suppliers in past
purchase contracts
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Does any pattern arise as to the selection of the
law?
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5-1

Action Point

2
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6-1

Some key contractual issues
Supplier solvency: if weak, use guarantees or make

payment after delivery

If many uncertainties: use milestone linked

payments to reduce risks

Complexity: seek legal advice if needed
When needs are difficult to define: use

consulting contracts in man days

After ending: state clearly what will happen (e
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with updates, reconfiguring of equipment,future
additions,
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7-1

Action Point

2
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8-1

The contract and the Private Law:
CONTRACT
Contract (Fish)
+ Private Law (Water)
__________________
= The total Agreement

PRIVATE LAW
Public Law
CONSTITUTION

ITC

M8:U2:2

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