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Compiling, negotiating and managing commercial contracts at home & overseas
Aims
To provide delegates with the skills to compile, negotiate and manage
commercial contracts to ensure a low risk commercial bringing good
commercial returns in home and overseas markets.
Learning Outcomes The delegates will gain
an understanding of why we need contracts, what type of contract we
should use and how to avoid costly errors pre and post-contract on home
and overseas contracts. They will understand contract formation,
contract effectiveness; express and implied terms; rights and
obligations of the parties and the need for Intellectual Property
Rights protection. Default, frustration, liabilities, remedies and
damages will be understood and the various forms of Dispute resolution
will be reviewed. The additional commercial, financial and political
risks of export business will be covered as will currency exchange
risk, Bonds, Guarantees, Letters of Credit and INCOTERMS 2000 to define
transfer of title and risk & insurance. The delegates will
appreciate the necessity of adequate preparation for negotiation,
relationship building and how to obtain information through
discussions. Entry and exit positions will be reviewed as will
non-verbal communication and how to recognize and counter ploys and
styles. Content
Contract formationOffer, acceptance, consideration & intent - Contract Strategy; Types of contract; Contract risks; Invitation to treat, offer, counter-offer, Battle of the Forms; Forms of Offers; Lapse, expiry or withdrawal; formation and effectiveness, Pre-contract negotiations; Contract conditions precedent and subsequent; Letters of Intent; Instructions to proceed; Acceptance of offers; Postal rule; Terms of acceptance; Third Party Rights; Misrepresentation Terms and conditions of the contract Express, Implied, Essential and Desirable terms; Exclusions; Payment terms; Warranty clauses; IPR; Contract performance Handling Variations; Closing out the contract; Default, Delays & Frustration; Remedies; Force Majeure; Damages – liquidated/unliquidated; Customer Acceptance; Alternative Dispute Resolution The 4 phase structured approach to negotiation Preparation; Discussion; Proposal; Bargain & close; Non-verbal communication; styles and tactics; Use of time Exporting/Importing Risks Delivery Terms; Payment terms & security; currency exchange risk; letters of credit; parent company guarantees; bills of exchange; Insurable Risks - Commercial or Buyer risk; Sovereign or Political risk; Export Licences and Controls - Need for licences; Types of licence; Transfer of title and risk - Documentary Collection – Sea and Air; INCOTERMS 2000; Bonds and guarantees - Need , Types, Cost implications Duration
Course is scheduled for 2 days.
What Next?
Contact us to find out more about prices and locations or to discuss your unique requirements.
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