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Title: Partnership and Joint Venture , Key clauses of Partnership and Joint Venture, interaction between diffrent Contracts and Supply Strategies
Description: Partnership and Joint Venture , Key clauses of Partnership and Joint Venture, interaction between diffrent Contracts and Supply Strategies
Description: Partnership and Joint Venture , Key clauses of Partnership and Joint Venture, interaction between diffrent Contracts and Supply Strategies
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Partnerships & joint ventures
Partnerships
Long-term collaborative relationships
GOAL
Characterised by:
ITC
Mutual interdependence
High levels of trust
High degree of interaction
High levels of information sharing
A focus on costs,not on prices
Joint teams
Investment in the relationship
M8:U5:5
...
1-2
1
...
Why: Same as for spot contracts
Contents: Same as for spot contracts
+ how to deal with claims from third parties
ITC
M8:U5:5
...
Formation and purpose of
§ consortium and consortium §
shares
Objective: To describe the object and
the nature of the partnership or the
joint venture
...
ITC
M8:U5:5
...
§
Proposal preparation and
contract negotiation
§
Objective: To set out the division of
responsibilities amongst the parties
...
Contents: A descriptions of the tasks and
responsibilities of each of the parties
...
2-3
Performance of the contract
5
...
Why: How prices will be calculated and
how each party will be paid provides the
roadmap as to how they will work together
...
ITC
M8:U5:5
...
§ Management Committee
§
Objective: To specify how the agreement will be
managed
...
Why: It is important to know who will have the
leadership role for contacts with third parties,
managing finances, etc
Contents: Who deals with major vs
...
) and
procedures
...
2-4
7
...
Why: How each participant to the
partnership or joint venture will receive
payment provides the roadmap for working
together
Contents: This will vary from contract to contract
ITC
M8:U5:5
...
§
Project co-ordination
and project
management
§
Objective: To specify how personnel will be
applied to the partnership or joint venture
...
ITC
Contents: How relevant
personnel are selected,
remunerated, etc
...
2-6
9
...
Why: To clarify how to move ahead
with the project if this happens
...
ITC
M8:U5:5
...
§
Confidentiality
§
Objective: To avoid disclosure of
confidential information
...
GOAL
Contents: Description of duty not to
disclose by the parties
...
2-8
15
...
To help the judge or arbitrator
know how to determine liability under the
contract
...
You may also select the
applicable law for specific supply
contracts
...
2-9
16
...
Why: Special mechanisms may be needed
if more than two parties are involved
Contents: Same as for spot contracts
ITC
M8:U5:5
...
§
Change in the parties
§
Objective: To ensure the buyer’s rights in
the event of substantial changes in the
ownership, management, etc
...
Why: If the seller’s ownership, management,
location or other important aspects change, the
other party may not accept to continue the
relationship
...
ITC
M8:U5:5
...
§
Termination for cause
§
Objective: Specification of circumstances
in which the contract can be terminated
...
t
c
a
r
t
n
o
C
Contents: Specification of the types of
events that entitle each party to terminate
the contract should be listed
...
2-12
Action Point
5
...
Are there any differences? Note any trends that
appear
...
2-13
Breakdown of clauses per type of contract
Original clause
No
...
Identifying the parties
2
...
Formation and purpose of consortium and
consortium shares
4
...
Volume
6
...
Contract price
8
...
Performance of the contract and variations
10
...
Delivery
12
...
3-1
Breakdown of clauses per type of contract
Original clause
No
...
Retention of title
14
...
16
...
Failure of one company to perform
18
...
Liability for late/non-delivery and remedies
20
...
Claims in product liability or otherwise
22
...
3-2
Breakdown of clauses per type of contract
Original clause
No clause included
23
...
Resolution of disputes
25
...
Condition to the entering into force of contract
27
...
Notices and communications
29
...
Merger
31
...
Change in the parties
33
...
Termination for cause
35
...
3-3
Breakdown of clauses per type of contract
Original clause
No clause included
36
...
Voidability of the contract or part of it
38
...
Taxes
40
...
Performance bonds, advance payment/
completion bonds
ITC
Additional specificity
M8:U5:5
Title: Partnership and Joint Venture , Key clauses of Partnership and Joint Venture, interaction between diffrent Contracts and Supply Strategies
Description: Partnership and Joint Venture , Key clauses of Partnership and Joint Venture, interaction between diffrent Contracts and Supply Strategies
Description: Partnership and Joint Venture , Key clauses of Partnership and Joint Venture, interaction between diffrent Contracts and Supply Strategies