Use of Terms and Conditions in Purchase Agreements

$149.00

SKU: 410232

Description

Learn how to avoid potential contract minefields that can result in unwanted supply chain disruption, timeconsuming disputes, and claims for damages.
Smart drafting of Terms Conditions for use with purchase agreements is paramount for any professional involved in drafting, interpreting, or implementing such agreements. Terms Conditions appear in many everyday commercial agreements that control purchasing contracts, including supply agreements, quotations, and purchase orders. Whether the agreement is for the purchase of goods or services, the controlling Terms Conditions will dictate many of the key contractual provisions among the parties to the contract. This webinar is designed to guide the professional through the potential minefields that can result in unwanted supply chain disruption, timeconsuming disputes, and even claims for damages. Welldrafted, tailored Terms Conditions can help avoid those distractions, allow contracting parties to spend time on the important things, and stay focused on growing their businesses.

Date: 2023-12-14 Start Time: 1:00 PM ET End Time: 2:05 PM ET

Learning Objectives

* You will be able to discuss the necessity for and timing of implementing Terms Conditions in business agreements.

* You will be able to evaluate warranty terms, provisions for rejection, default, and damages, including the implementation of liquidated damages when necessary.

* You will be able to examine the importance of arbitration clauses and their impact on business contracts.

* You will be able to assess the significance of selecting the appropriate jurisdiction and applicable state, federal, or international laws for enforcing business contracts.

What Are We Talking About?
• Why and When Do We Need Terms and Conditions?
• It’s All Boilerplate Anyway
• Whose Draft Do We Use?
• Tailoring From the Proper Perspective and for the Deal
• Which Parties Are Bound by the Terms and Conditions?
• The Process
• Hardcopy Contract With Terms and Conditions vs. Online
• Hybrid Versions
• Integrating Your Terms and Conditions With the Applicable Transaction Documents
• By Reference
• Avoiding the Battle of the Forms
• Coordinating With Your Team
• Legal, Purchasing, Tax, Accounting/Finance

Specific Key Terms and Conditions to Be Negotiated
• The Deliverable(S)
• Pricing
• Payment
• Shipping and Delivery
• Applicability of Incoterms
• Warranty
• Rejection
• Default and Damages
• Limitation of Liability
• Liquidated Damages
• Remedies and Indemnification
• Term and Termination
• Intellectual Property Rights
• Confidentiality and Data Breach
• Force Majeure
• Assignment and Delegation (Subcontracting)
• Arbitration

How Do I Know If It’s Enforceable?
• Do We in Fact Have an Enforceable Contract That Incorporates the Terms and Conditions?
• Do the Terms and Conditions Need to Be Signed?
• Modifying (and Not Modifying) the Terms and Conditions
• Choice of Jurisdiction
• State Law
• Uniform Commercial Code
• Federal Law
• International Law
• The U.N. Convention on Contracts for the International Sale of Goods

APICS ,CLE (Please check the Detailed Credit Information page for states that have already been approved) ,ISM ,NALA ,CPE ,Additional credit may be available upon request. Contact Lorman at 866-352-9540 for further information.

Kevin M. DiDio-Barnes & Thornburg LLP