Professional Services Agreements in Construction Live Webinar

Use of Terms and Conditions in Purchase Agreements (OnDemand Webinar)

$149.00

SKU: 410232EAU

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: End Time:

Learning Objectives

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 ,Additional credit may be available upon request. Contact Lorman at 866-352-9540 for further information.

Kevin M. DiDio-Barnes & Thornburg LLP

Professional Services Agreements in Construction Live Webinar

Use of Terms and Conditions in Purchase Agreements (OnDemand Webinar)

$199.00

SKU: 406507EAU

Description

Gain an understanding of how to draft, revise and negotiate key contract terms that can positively impact your business operations.Every day across America, lawyers are drafting contractual provisions in purchase agreements that won’t be enforced because they weren’t drafted correctly. The law governing purchase agreements is teeming with traps for the unwary, and common drafting mistakes expose your clients to untold, unnecessary risk. In this intense, jampacked topic, the attorney who updates the landmark contract law treatise Corbin on Contracts (cited by judicial decisions across America in excess of 10,000 times) will guide you through a multitude of purchasing agreement provisions and show you how to navigate around the drafting landmines. If you deal with purchasing agreements in your practice, whether a lot or a little, you do not want to miss this.

Date: 2019-11-06 Start Time: End Time:

Learning Objectives

Drafting Terms for Purchase Agreements Where There Is No Single Signed Document
• Drafting Terms in a Battle of the Forms Scenario Under the Uniform Commercial Code and the United Nations Convention on Contracts for the International Sale of Goods
• Drafting Browsewrap Terms

Warranty Provisions
• Unenforceable Puffery vs. Legally Binding Express Warranties
• Drafting With Precision to Avoid Post-Formation Supplementation via Course of Performance
• Drafting Warranties That Extend to Future Performance
• Disclaimers of Implied Warranties

Drafting Terms to Ensure the Document Is the Sole Repository of the Agreement
• Merger Clauses to Insure Complete Integration
• No Oral Modification and Waiver Clauses
• The Roundabout Way to Prevent Post-Formation Modifications

Remedies Provisions
• The Drafting Landmines in Excluding Consequential Damages
• Drafting Exclusion of Lost Profits-Why They Are Sometimes Direct Damages
• Drafting Around the Presumption of Cumulative Remedies
• Drafting to Anticipate When a Remedy Fails of Its Essential Purpose
• Drafting Liquidated Damages Provisions

Miscellaneous Provisions That Pose Drafting Landmines
• Time Is of the Essence Provisions
• Drafting to Exclude Invisible Terms-Trade Usage and Course of Dealing
• Delivery Provisions
• Termination Provisions
• Force Majeure Clauses
• Indemnity Provisions
• Anti-Assignment Provisions
• No Third-Party Beneficiary Clauses
• Recitals, Effective Date

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

Timothy Murray-Murray, Hogue & Lannis