Bringing measurable commercial acumen to your business...
Bottom Line improvement Processes
Bringing measurable Commercial Acumen to Your Business....
Compiling, negotiating and managing commercial contracts at home & overseas

To provide delegates with the skills to compile, negotiate and manage commercial contracts to ensure a low risk commercial bringing good commercial returns in home and overseas markets.

Learning Outcomes
The delegates will gain an understanding of why we need contracts, what type of contract we should use and how to avoid costly errors pre and post-contract on home and overseas contracts. They will understand contract formation, contract effectiveness; express and implied terms; rights and obligations of the parties and the need for Intellectual Property Rights protection. Default, frustration, liabilities, remedies and damages will be understood and the various forms of Dispute resolution will be reviewed. The additional commercial, financial and political risks of export business will be covered as will currency exchange risk, Bonds, Guarantees, Letters of Credit and INCOTERMS 2000 to define transfer of title and risk & insurance. The delegates will appreciate the necessity of adequate preparation for negotiation, relationship building and how to obtain information through discussions. Entry and exit positions will be reviewed as will non-verbal communication and how to recognize and counter ploys and styles.

Contract formation
Offer, acceptance, consideration & intent - Contract Strategy; Types of contract; Contract risks; Invitation to treat, offer, counter-offer, Battle of the Forms; Forms of Offers; Lapse, expiry or withdrawal; formation and effectiveness, Pre-contract negotiations; Contract conditions precedent and subsequent; Letters of Intent; Instructions to proceed; Acceptance of offers; Postal rule; Terms of acceptance; Third Party Rights; Misrepresentation

Terms and conditions of the contract
Express, Implied, Essential and Desirable terms; Exclusions; Payment terms; Warranty clauses; IPR;

Contract performance
Handling Variations; Closing out the contract; Default, Delays & Frustration; Remedies; Force Majeure; Damages – liquidated/unliquidated; Customer Acceptance; Alternative Dispute Resolution

The 4 phase structured approach to negotiation
Preparation; Discussion; Proposal; Bargain & close; Non-verbal communication; styles and tactics; Use of time

Exporting/Importing Risks
Delivery Terms; Payment terms & security; currency exchange risk; letters of credit; parent company guarantees; bills of exchange; Insurable Risks - Commercial or Buyer risk; Sovereign or Political risk; Export Licences and Controls - Need for licences; Types of licence; Transfer of title and risk - Documentary Collection – Sea and Air; INCOTERMS 2000; Bonds and guarantees - Need , Types, Cost implications

Course is scheduled for 2 days.

What Next?
Contact us to find out more about prices and locations or to discuss your unique requirements.
Bringing measurable commercial acumen to your business...

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