I agree with your thought Unlimited liability means Unlimited exposure irrespective of size of contract.
If there is no way to Limit your liability then atlast include a clause that defines a process of identifying liability. E.g If a Mistake happens by your employee due to some vulnerability in Client/Customer systems/process then is it only your fault or customer is also responsible for it ?.. If both parties agree to jointly decide on mechanism for fixing ownership of issue then you get a fair chance to defend yourself. Just my thoughts...
Thank you for your response. Most of these happen to be government contracts where one is unable to propose any changes. Do organizations that work with government customers usually willing to undertake the risk of unlimited liability? I am also guessing that there may potentially be no risk that will require indemnification, in a product supply contract or am I underestimating?
-Bid Bond is generally kept as 1%-3% of the estimated Budget and all Bidders should be requested to submit the Bid Bond of the same value, in a Bid Bond format to be provided by the Company in the Bid document.
-The Bid Bond must be verified at the time of opening the Bids. In most of the government tenders , Bids are rejected if the Bid Bond with correct amount and validity is not accompanied along with the Bid.
-Bid Bond must be valid up to the time requested in the Bid document for the validity of Bids.In case of extension requested for validity of Bids from the Bidders the Bid Bond must also be extended accordingly.
-Bid Bond should be released within 30 days after the announcement of successful Bidder / immediately if the tender is cancelled.
I like this idea. 15 years ago(!) a colleague tried to introduce 'plain English' contracts to a UK Aerospace manufacturer. It had some success, but ultimately didn't take hold. I am guilty of saying "execute" instead of "sign" and "pursuant to" instead of, er, well nothing really.
Highly appreciated initiative. Increasing the user friendliness of contracts are, in my view, not prioritized. But you are up against a tradition and practice that is hard to change, even through graphic illustrations are proven to have multiple benefits.
Camilla Andersen gave a presentation on Comic Contracts in the last local DK IACCM meeting facilitated by Ramboll. Where you place yourself in the scale of using graphics (visulisations supporting the text or a full blown comic contract) may depend on the case, audience and "environment" you are operating in..
Camilla also provided this link: www.comicbookcontracts.com/
I'm just trying to understand your position.
Considering that you are managing all contractual relationship with another company (buy and sell side) sounds actually good from your company perspective. It would mean, that your leadership can expect you to have a full overview about the contractually back and forth with this JF. Therefore I assume it's hard to change the mind of your leadership, since I would expect them to see your doublerole as positive.
However on the other side, there is your personal position, meaning being something in the middle of a sandwich, right? I'm not sure about your empowerment, but in worst case you have also very limited authority to change some company rules (discounts, penalties, payment conditions, acceptance criteria etc.). And on buy side you usually have different contractual expectation than on sell side. I assume, this is the tricky part in your situation. Fulfilling the internal requirements for buy- and sell side with the same contractual partner at the same time (and maybe also your partner asks you if you are a bit crazy, since requesting sooo different contracts when you are either on sell side or on buy side).
When the conditions your company expect in contracts are very different on sell side and buy side, this should be communicated as an issue (to your leadership). I think there are 2 options as solution: either the requested second CM as you suggest, or an escalation to the leadership to align clear buy and sell conditions between your company and the JF, which are equal to both parties. such framework conditions would make at least your position more clear. And maybe there won't be anymore need of a split of the CM roles buy side and sell side?
Since I couldn't find many information in your post, I hope, this is somehow helpful?
If your uncomfortable position has other reasons, please let me know.
• Omaha Public Power District
I probably would start collecting facts: Firstly, establish the relationship between Your Company ("Y Company") and Company X ("X Company") by looking at any specific, written agreement about the services ("X and Y Services"). Also, establish clarity around (1) Y Company's services to be provided to X Company, and (2) X Company's services to be provided to Y Company. At this point, are there any conflicts that you can see/anticipate in your ability as the Contract Manager during the provision of X and Y Services, that perhaps could result in non-performance or non-compliance? Also, how do you escalate and cure any issues of non-performance (for example)? Secondly, I would review the files documenting any legal review, if any, prior to said agreement being reviewed for signature/execution. Were there any concerns that were raised and eventually resolved (internally)? AT the very least, you could start with the resource allocation -- that is, regarding your time management and how to better allocate your skills - in developing your case. Hope this helps. Regards ~ Rose
• Looking For A New Opportunity
Hi Julie. Even if it is a proprietary tool, it is still an electronic platform and should be bundled with the IT set up and other licensing fees. However, if the "workflow tool" is not theirs, and it is a product developed by another third party software company, that might explain why they want separate Ts&Cs. Make sure they are an authorized dealer for the workflow tool. I dont know what industry you are in, but have you checked out SAP Commercial Project Management ? It is a great one-stop-shop with great workflow and email push notification capabilities.
• GAMA ENERJI A.S.
Thank you Jeff. Does anyone have best practices for contracting as-a-service? Especially, what is different vs. traditional software contracting?