You have developed a great relationship with a great customer. The customer asks you to enter into a “delivery contract” to strengthen your relationship. Or is it your idea? Then you will be asked to sign the “Master” or “Framework” or “Preferred Supplier” contract to purchase or deliver the customer. This document is probably very one-sided (customer-friendly). They could propose a term “persistent leaves” that will be automatically renewed. For example, the agreement could be two years, but after the first year, an additional year is automatically added, and so on, so that there are exactly two years left on each anniversary. When it comes to the “fitness for purpose” guarantee — unless you design a game, it`s inappropriate to guarantee “fitness at the end.” You have not been instructed to design the part, so you may not know if it is suitable for the customer`s application, so do not guarantee that it is. If you have already questioned a customer`s master form, you may have been told that you are the only provider that has tried to change it and that you will have to sign it as it is, or that it will find another supplier. This is alarmist: no one wants to lose a client who disagrees on the words of a contract.
A supplier in this position must assess the two leverages on both sides (i.e. the importance of the supplier to the customer because of price, capacity constraints, time constraints or other factors?) against the likelihood and extent of liability that could result from the adverse provisions of the agreement. Be as strategic as you can be to eliminate the biggest risks – and getting help from a practical lawyer who understands your business wouldn`t hurt. What are you doing? Here are 10 problematic provisions (from the supplier`s point of view) that are common to these agreements. For the purposes of this article, the contract to purchase or deliver the “Master” customer (or “executive” or “preferred supplier”) is called a “master form.” A supply contract is a contract between two parties that merge two or more agreements into a harmonized agreement. For example, a supplier may have an agreement that provides parts. The same supplier may have a separate agreement for the provision of another good or service to another company. If the two agreements are related, it is called the main supply contract.
Supply contracts harmonize contracts and facilitate their management. Combined agreements can offer economies of scale for the seller and quantity discounts for the buyer. They make it easier to standardize specifications and control quality. Corporate offices can sign agreements in all sectors, which increases efficiency. If you are negotiating services with a customer or supplier, the process can take some time and culminate with a contract that defines the obligations and requirements of all signatories. If both parties repeatedly enter into a contract for the same service, you can see that the negotiations take the same time, but most of the conditions remain the same. All parties can reduce time and participation by first agreeing on a master service contract. 5. Include buy and sell commitments.