Entering Contracts

STEP THREE

The contract principles stage focuses upon determining the contractual terms which have been entered into. In a long bid process it can often be difficult to determine at what point the contract has been entered into and which contractual documents apply. We can help you to better understand and control the process of entering into a contract.

This may include management of bid documents, order confirmations and acceptance of standard terms as well as minimising the risk of other warranties or representations being incorporated into the contract during the sales process or as a result of industry practice.

Understanding Contract Terms

We also focus on which contractual terms should be used and whether standard terms offer adequate protection. We are able to provide training on key contractual provisions, what they mean and what the risks of accepting them may be. We can also assist with drafting standard terms and contracts. Our focus is on not just understanding the words on the page but understanding the commercial impact of the clauses and provisions.

We can offer support, training and advice in the following key areas…

Formation

Formation of the Contract, offer and acceptance. Whose terms apply?

Terms

Standard Industry Terms vs contracting on Customer Terms

Documents

Memorandums of Understanding and Letters of Intent

Risk

Identifying and managing Contractual Risks

Terms

Understanding specific Contract Terms

STEP THREE