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Negotiation

 
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Group Charter: 

The purpose of the Negotiation Network is to grow the knowledge and performance of its members by providing insights to best practices, emerging practices and new trends in negotiations. Members will participate in open discussions and draw/share from knowledge and ideas that are current and relevant.

The objectives will be met by sharing ideas, discussing challenges, exploring new directions and, where appropriate, initiating research or inviting experts to present on key topics related to negotiations.

Meetings will be virtual (by phone or webinar) unless in specific cases there is an agreed wish to have physical meetings or workshops to develop specific initiatives.

 

Group Mission/Vision:

Provide fellow members with insights to best practices, emerging practices and new trends in negotiations in order to provide their companies with the most value possible.

Objectives:

 
 
Network Updates

Contract & Commercial Management: Role & Direction

Contract and commercial managers stand at a cross-roads. Many traditional tasks will erode and disappear, outsourced or automated. That does not mean an inevitable route to nowhere; new technologies elevate these roles from largely operational to increasingly strategic, from jobs that have limited influence to jobs that drive substantial business value.

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Backdating a Contract

We are currently in Contract extension negotiations with our Customer. The existing IT Outsource Contract expires at the end of June 2019, but the Customer wants to extend a Contract "on new service terms and charging model". This we have just commercially agreed and are now in MSA and Schedule drafting and negotiating mode. However, as part of the deal to extend for 3 years the Customer has stipulated that the new contract and charging mechanism is to start from 1st September 2018. It will take 6 weeks to complete the drafting and negotiations to signature stage, so I would like to ask if anyone has experienced "backdating" a contract at signature stage? There are obvious considerations around liabilities and risk of accepting service terms that are better than being delivered at present. What caveats should I add into contract to protect us?

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Is Negotiation Dead? - IACCM Thought Leadership Paper

Within business, negotiation skills are prized and large amounts are spent on training. Yet in many cases negotiation does not generate anticipated benefits. This paper examines what is going wrong and proposes radically different approaches to handle today's dynamic and volatile market conditions.

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Ask The Expert: Leveraging AI and Standards to Increase Deal Velocity

Ask anyone deeply involved in negotiating deals and you'll likely hear that much of the time spent negotiating terms and contract language does not add value. Can leveraging Artificial Intelegence (AU) and Standards increase deal velocity and value?

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Sole Remedy for Performance & Default

Hi, If a contract has a sole remedy clause for performance (penalties applied in the event of late delivery up to a cap of 10%) are you also able have a termination right for cause which notes that if that cap is hit or delivery is not in accordance with the delivery schedule they are able to encash any performance guarantee? Also it notes that the provisions of that clause is in addition to any other rights the contractor has? I would be grateful for anyones thoughts? Many thanks

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One contract, different billing entites

Hello. We have taken one order which requires billing certain services to more than one non-UK entity (due to EU VAT exemptions). Normally, our contracts only allow us to bill the entity that we are contracted with and no one else therefore an alternative is to novate selected services to the new entity where possible. This is the only fix we have without getting Sales involved post delivery of a contract. This is extremely time consuming, so I was wondering if other organisations have the same issue? I know that when on-boarding a customer the sales folk should maybe ask the question about who they want the invoice to go to, but due the nature of sales it's easier for them to put everything on one order (I totally understand that no one likes admin!). If there a more efficient way of dealing with this contract bill requirement?

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Bankrupt Customer; Principles Formed a New Company

Happy Thursday Everyone! Hope you are all doing well. Hoping to receive some guidance and speaking points on a request I recieved from my sales folks. We completed a large portion of a project w/ Company X that later went bankrupt. We had a sales contract w/ Company X for the overall project. We received payment for the portion that was completed. Now the principles formed a new company and want us to complete the remainder of the project. However, the new company (& unfortunately, our owns sales team) is trying to pursue using the voided sales contract for the remainder of the remainder of the project to be completed. Basically, just change the name from Company X to "New Company". I have few basics reasons why that is something we should NOT do. For example, the contract is legally void b/c Company X is no longer in existence; the terms in old contract were not favorable to us as the seller; the risks of doing business with the new company are much different than the old. Would anyone mind sharing a few additional & impactful reasons why using the old contract isn't a good idea? Thank you in advance. Have a good weekend.

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Change Order Process for Service Contract

Hi, We are in the process of executing a service agreement with a client. The contract which is a new project has the ability to expand with various contract variations and changes to scope. Can some body help me with a sample template or process that needs to be agreed with the client. Thanks in advance.

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Contract liability calculator / estimator

As an organisation we are trying to improve people's understanding of how to use limitations of liability. I would like to support people's understanding with a simple tool to help them model and estimate liabilities (and appropriate limits) in their contracts. Can anyone recommend, or does anyone have, a template in excel? Thanks, Tom

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