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Aerospace and Defence

 
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THE IACCM AEROSPACE & DEFENSE NETWORK

The purpose of the Aerospace and Defense Network is to provide its members with insights to new trends and emerging practices in the fields of contract, commercial and relationship management. While these will be in the context of the aerospace and defense sector, they will draw from knowledge and ideas that are current and relevant in other sectors and those related to the industry (e.g. government). A key goal is to improve the performance of contracts and relationships.

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 contract, commercial and relationship management.

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.

 

Please take a minute to participate in the following survey https://www.surveymonkey.co.uk/r/IACCMAerospaceandDefense

 
 
Network Updates

Commercial Exploitation Levy (CEL)

Does any have experience of the application/practice/strategy of a Commercial Exploitation Levy ?

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Proposal Benchmarking

I work for an Aerospace organisation and we are in the process of trying to benchmark the quality of our proposals (in response to customer RFQs) in respect of various aspects: - style - format - assumptions/caveats: quantity, perception these create (feedback we often receive is we are too risk adverse, too many assumptions etc). How do we best balance the risk v customer perception of including assumptions - is there a better way we could outline the assumptions to the customer rather than just listing them? - Technical Specification/Proposal - is this outdated? Therefore, I would appreciate any feedback in relation to how your organisation's proposals are generated, their style, format, etc and in particular how you tackle assumptions, etc and the response you receive from customers'? I appreciate the particulars of your proposals may well be sensitive but any information or thoughts you can provide would be great.

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Examples of Collaborative Freight Agreements

I am currently going through the RFP process for National freight (Australia) as well as International freight (SE-Asia) I am reading some great literature on "Vested Outsourcing" by Kate Vitasek of UT and was wondering if any other members have put together a Vested/Collaborative Agreement they could share (desensitised is ok). Any help greatly appreciated. Regards Mark

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Localization of the US based contract and UCC waiver removal as not applicable under a foreign law.

Dear All, As we are trying localize the US based agreement to EU based jurisdiction I have an urgent question in respect of: WAIVING ALL RIGHTS AND REMEDIES CONFERRED UPON A LESSEE BY ARTICLE 2A OF THE UNIFORM COMMERCIAL CODE OF THE USA. Specifically I am working on the below provision: WARRANTY DISCLAIMER AND UCC WAIVER. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS SECTION [xxxxx], SUPPLIER MAKE NO OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED; AND SUPPLIER ON BEHALF OF ITSELF DISCLAIMS AND CUSTOMER ON BEHALF OF ITSELF WAIVES ALL OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY, AND ANY WARRANTIES RELATING TO DESIGN, PERFORMANCE, FUNCTIONALITY, OR COMPATIBILITY WITH CUSTOMER'S SYSTEMS. EXCEPT AS EXPRESSLY PROVIDED HEREIN AND AS PERMITTED BY APPLICABLE LAW, CUSTOMER WAIVES ALL RIGHTS AND REMEDIES CONFERRED UPON A LESSEE BY ARTICLE 2A OF THE UNIFORM COMMERCIAL CODE OF THE USA ('UCC'). I want to remove references to the UCC as this is not applicable in a European country but I am just wondering if I won't omit some important matters that should be added from the local law perspective. Obviously I'll consult this with our legal counsel but considering that person is unavailable at the moment and a fast contract turnaround is required I would at least like to highlight important matters that I could otherwise omit. The revamped wording would be: WARRANTY DISCLAIMER. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS SECTION [xxxxx], SUPPLIER MAKE NO OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED; AND SUPPLIER ON BEHALF OF ITSELF DISCLAIMS AND CUSTOMER ON BEHALF OF ITSELF WAIVES ALL OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY, AND ANY WARRANTIES RELATING TO DESIGN, PERFORMANCE, FUNCTIONALITY, OR COMPATIBILITY WITH CUSTOMER'S SYSTEMS. I would appreciate your urgent assistance. Kind regards, Piotr

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