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IACCM Contract Management Forum

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CGCL
2020-06-09 13:31:16

Best way to make and amendment to a contract

Hey guys, I have a contract where by I want to each one line after the contact has been signed. What is the most simplistic way of getting this done without too much contract administration?
 
 •  IACCM  •   2020-06-10 09:32:09
Hi Dane
I think perhaps part of your question is missing, but let me try to answer what I think you are asking!

Most contracts will have a provision relating to the right and the process for making revisions. How this works will usually depend on the nature of the agreement. For example, if it is a Master or Frame agreement under which there may be multiple individual transactions, it is common for the change provision to state that a change can be made simply by giving notice and that it will apply to all future orders or supply (i.e. there is no need for acceptance by the counter-party).

If the change affects an existing order, organizations sometimes try to specify that they will give notice and the change is effective unless rejected by the counter-party. However, this is of questionable enforcability. Therefore it is more normal to issue a formal notification of change and for this to be effective only when accepted by the counter-party. IN terms of administration, the biggest factor here may be what the contract then deems 'acceptance' - for example, is an email or a text sufficient, or does it require an authorized signature? In making this decision, you also need to consider the jurisdictional laws regarding acceptance.

Finally, if the contract does not include a provision relating to changes, you may want to insert one as part of the change you are now planning to make!
 
 
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