The Agenda for the “Procurement: Legal Issues & Contract Law” seminar is as follows:
Introduction to Contract and Business Law Terminology
- Definition of key terms and examples of their real world application:
- Explanation of Consequential and Incidental Damages, Indemnity, Implied Warranties, Disclaimers, Remedies at Law, and Limitation of Liabilities
Creating a Binding Contract
- Important Elements of a Contract
The Uniform Commercial Code
- Differences in Contract Law between Goods (UCC) and Services (General Contract Law)
- Article 2: Sale of Goods
- Buyer’s & Seller’s rights and obligations under the UCC.
Key Contract Clauses
- Warranties
- How they relate to the Statement of Work
- Express and Implied Warranties
- Time is of the Essence
- Acceptance
- Termination
Fighting the “Battle of the Forms”
- Guidelines in “fighting the battle”
- Key language to include in your PO
Focusing on the Important Issues in your PO and Contract
- Exercises in identifying the major issues
Buyer’s Rights and Remedies under the UCC and General Contract Law
- Buyer’s rights upon Delivery
- Rights of Inspection and Rejection
- The Significance of Acceptance
- How a Buyer can Revoke Acceptance after it is given
- Damages Buyer is entitled to when Seller has breached
- Cover; Offset; and other Remedies at Law
Understanding the Seller’s Perspective
- Force Majeure
- Limitations of Liabilities
- Warranty Disclaimers
- The Damages Dilemma: The Buyer’s and Seller’s Perspectives
E-Commerce and Contracts
- Creating Contracts on-line
Agency
- Who has the Authority?
- Gain control over the “other buyers” in your organization.
Intellectual Property
- Trade Secrets; Copyrights; Trademarks; Patents
- Work for Hire and Assignments
- How to Protect your IP and make sure it remains (or becomes) yours
- Non-Disclosure Agreements
PLUS:
- QUESTIONS……come prepared to ask them!
- Receive a comprehensive manual (over 150 pages) which includes clear explanations of the above areas as well as sample clauses, contracts, and letters