& Legal Aspects

DAY 1 DAY 2 Learning Goals

Legal basics common to all Life and Execution of contracts Following this module, participants will be able to: • Understand the international legal framework. • Fundamental elements and formation of contracts. • Duties of the seller and the buyer. • Identify the risk linked to an “informal” interaction with suppliers. • Legal wording and contract terms. • Buyers’ & Sellers’ rights. • List the necessary conditions to have a valid commercial contract. • Applicable and concept of precedence. • Description of goods. • Recognise and use some “standard” clauses in contracts. • Legal families, choice of governing law, ruling • Acceptance/rejection of goods. • Translate commercial needs into legal terms. language. • Contract price/price revisions. • Engage better relation with legal teams. • What is a contract and what are contract stages? • Delivery terms. • Diagnose when and what to report to legal teams to avoid major • Transfer in ownership, passing of risks. risks to their company. Legal Terms - Definition and Interpretations • Payment terms (clean/documentary). • Object of contract. • Severability clause/entire agreement. Target group • Some contracts: Confidentiality agreement or non- • Contract performance. disclosure agreement. • /subcontracting. • This course is suitable for buyers and sourcing staff at all levels. • Licenses agreement, letter of intent or memorandum of • Defective/delayed performance. understanding (M.O.U.), master agreement/appli- • Monetary compensations (penalties/liquidated Methods and tools cation Agreement. damages). • Could other documents carry legal obligation? • /frustration/hardship clause. • A two-day programme using lectures, visual aids and case studies • General terms of sales/ General terms of • Rescission of the contract/anticipated termination. to give participants a substantial body of information and the purchase. • Contractual documents/order of priority. opportunity to discuss matters with which they are particularly • Dispute resolution (state courts/arbitration). concerned. Formation of contracts • The seminar explores the numerous practices and conceptual Supply of services • . developments in international operations, as well as risk alloca- • Specificities and points of attention. • Conflicting clauses/the battle of forms (general tion, constraints and opportunities in the contractual and legal conditions of sale vs. general conditions of areas. purchase). • The content of contracts. Credit for • Warning.

This module can also be taken on an independent basis. 2 days

17