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Online Training – Procurement Contract Drafting
September 24, 2024
Jadwal Pelatihan Online Training – Procurement Contract Drafting
Tanggal | Tempat | Kota | 29 - 30 Oktober 2024 | - | - |
PURPOSE
- Construct relevant contracts for various purposes
- Examine the commercial impact of particular terms and conditions
- Examine the impact that would occur commercially to the certain terms and conditions
- Develop a good contract to minimize disputes between the parties
- Handle disputes efficiently and effectively
- Using the methodology used in international contracts
OUTLINE MATERI Training Online – Procurement Contract Drafting
1. The Importance of Contract
- Supervising The Process of Contract’s Construction
- The Deal Involved in The Contract
- Special Tricks to Negotiate Effectively
- Learning The Offer and Acceptance
- Learning The Battle of The Forms
- Learning About The Consideration and Intentions
2. Hands on Guide Drafting Commercial Contract
- What is a Commercial Contract The Contract Law Fundamentals & Elements
- Difference Between MOU, Letter of Intent an Agreement
- Converting MOU, Letter of Intent into a Formal Contract
- Formation of Contracts Techniques in Drafting Contracts
- Introductory Provisions Including Parties, Recitals, Definitions
- Critical Provisions Including Appointment, Conditions Precedent, Consideration, Covenants, Term & Termination, Representations, Warranties and Indemnities
- General Clauses like Governing Law, Arbitration, Force Majeure, Arbitration, etc
3. Tender Process and Different Contract Types
- Auctions and Bids
- Process Dealing with Tender
- Inviting Tender
- Proposal’s Request
- Quotation’s Request
- Prequalification
- Compliance
- Letters of Award
- Heads of Terms and Letters of Comfort
- Deciding The Type of Contract to be Used
- Advantages and Disadvantages
- Fixed Fee to Solve The Problem
- Modern Methodology
- Clauses to Adjust The Economic Price
- Bonds and Guarantees
- Compliance with Law/Change of Law
4. Main Contract Clauses
- Obligation to Deliver/Perform
- Controlling Subcontractors
- Monitoring and Milestones
- Payment’s Secure
- Ensuring Prompt Payment
- Nonpayment Remedies
- Learning the Usage of ‘Letters of Credit’
- Parent Company Guarantees
- Time and Place of Delivery
- Transfer of Title and Risk ICC Incoterms
- The Retention of Title Clauses
- The Important of Time
- Delivery, Ownership and Risk in Procurement
- Insurance
- Indemnities When We Need Them
- Liquidated Damages/Penalties and the Dangers
5. Other Key Considerations During the Commissioning Process
- Variations and Changes
- Liability Beyond Contract
- The Value of Intellectual Property
- When do Contracts End?
- Limiting Liability
- Warranty
- Which Law to Apply to The Contract?
- Final Contract Review and Close Out Process
6. Dealing with Disputes
- Compromise and Settlement
- Dispute Resolution Clauses
- Litigation
- Arbitration