Ink the Deal! Negotiating Contracts with your Customer

The Agenda for the “Ink the Deal! Negotiating your Customer Contacts” seminar is as follows:

Introduction to Contract and Business Law Terminology:

  • Definition of key terms and real world examples.
    • Explanations of Consequential and Incidental Damages, Indemnity, Implied Warranties, and Limitation of Liabilities.

Learn the “Art” of reading a Contract:

  • How to identify the Major Issues
  • Class Exercises reading actual Seller and Buyer Contracts
  • Overall purpose: Demystify the Contract Process

Discussion of the FOUR most Contentious Contract Clauses:

  • Limitations of Liability
  • Warranties
  • Indemnity
  • Ownership of Intellectual Property
  • How to work with your customers and the lawyers in resolving them
  • Class Exercises and Approaches in Negotiating with your Customers and Legal Department

General Overview of the Major Areas within every Contract:

  • Price/Financial Terms
  • Description of Goods/Services
  • Delivery and Performance
  • Force Majeure
  • Warranty
  • Termination
  • Risk Allocation Clauses (Limitation of Liabilities and Indemnity)
  • Intellectual Property and ensuring your ownership

Analysis of the Critical Issues from the Seller’s Perspective:

  • Customer Cancellations and Termination
  • Defective Product / Quality
  • Warranties and Disclaimers
  • Blanket Orders
  • Vendor Managed Inventory
  • Delivery (“Time is of the Essence”)
  • Liability and Limitations of Liability
  • Indemnity

Compare Sales Contracts with Customer Contracts:

  • Deal with “Real World” customer contracts and learn how to negotiate them
  • Includes interactive Q&A

The Importance of the Addendum:

  • How to modify a contract to incorporate Ts & Cs favorable to your Company

Negotiating the Contract

  • Class Exercises in reading and negotiating “real world” customer contracts
  • Preparing for negotiations with your customer: Anticipating and addressing your customer’s objections;  Formulating your responses

Methods to Improve Interaction between the Legal and Business Groups

  • How to get quicker better response and counsel from your lawyer

Receive a comprehensive manual (over 200 pages) which includes the following:

  • Example Clauses from both the Seller and Buyer perspectives and Explanations
  • Contract checklists for use in reviewing, negotiating and writing contracts
  • Sample contracts from Seller’s perspective: Corporate Agreement, Sales Terms and Conditions; Equipment Sales Agreement; Services Agreement….and more!