In addition to particular responses from other members who may have noticed such a potential decline in remuneration, if any, I would encourage the poster of this forum entry to regularly check IACCM annual salary review. Please refer to our IACCM library, by clicking on www.iaccm.com/resources/contract-management-resources/
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Yes, we have relevant data and will send this to you. It will help if you can offer brief context in terms of role (buy side / sell side; national versus international / global responsibilities; types of agreement typically handled; scope of activity - preaward/post-award/ both). Please send any background direct to me - email@example.com
Under Common Law principles, liability for personal injury or death cannot be excluded. So it most likely makes no difference whether or not the provision is struck because the customer could not deny their legal liability in the event of negligence leading to this form of loss.
What if there is an industry practise/custom to allow a party to exclude its liability even for its own negligence and it is being upheld by the court of law. What happens then?
I think that the second question goes to the difference between an indemnity and ordinary liability. Under general Common Law principles, the lack of an indemnity for a particular thing does not necessarily mean that a party won't be liable for that thing. The specific issue here is a legal question. It's probably worth a call to counsel so that you can be certain you will be covered in this circumstance. I see this as a different question than "excluding" liability for one's own negligence. Such clauses typically require clearing a higher legal hurdle.
All this said, I really do not understand why the customer would be so unwilling to indemnify for harm they caused. It's generally considered a reasonable commitment.
There is no doubt that the measurement focus is wrong. It drives Procurement to operate within narrow boundaries and tends to drive a strong functional perspective, rather than a broader business focus. In order to deliver value, the role of the future must be far more integrationist in its nature - evaluating and reconciling across stakeholder interests.
As you say, commercial leaders need to be prompting this change and that leads us to a critical area for development - influencing skills. These are built around empathy and coming at problems from the other side's perspective. To some extent, this is a 'soft skill', but actually in my experience can best be learnt through studying elements of marketing. This is also fundamental to becoming a better negotiator - internally and externally.
Some areas I would be focused on right now are:
Agile methods - what are they, how do they apply to my work?
Design-thinking - communicating with the user / receiver in mind, simplifying
Analytics - understanding what data we need and then how to use it (e.g. sources of value versus sources of efficiency)
Negotiation and influencing - as above
Knowledge transfer - enabling others by creating 'self-service'
There are plenty of short courses available - obviously we have a growing library of those and in the next few weeks will make more available - ethics, social value, diversity and inclusion are examples.
I think the most likely answer is that it will be based on timing - so subsequent agreements may amend the original. However, that also depends on what the core agreement - eg MSA - says regarding the amendment process - for example, does any amendment require formal acceptance? If so, are subsequent documents signed or unsigned? Is acceptance deemed as a result of supply or acceptance?
Agree with the first post. Depends on timing. Does your PO contain language that the PO supersedes any other agreements? If so, the PO just superseded your MSA.
We have specific language in our MSAs that state that no POs or other forms of agreement can apply. You could also add that language to your sales order or quote documents so the MSA does not get trumped if there is no order of precedence language in your master.
"No terms and conditions contained in any purchase order or other electronic notification or contract shall be of any force or effect."
The Brexit scenario, coupled with COVID-19 are indeed leading to extended negotiating periods.
Given that Brexit will not be finalised for some time, the only practical way to deal with this would be to include provisions for a process to agree changes to customs duties / tariffs / excises etc. in your contracts.
Phyllis we are delighted to know that you enjoyed Rod and Melissa's webinar. I hope that you are also enjoying the first of IACCM's TASK Topics which is all about Remote Work Environment and Balance. There are lots of resources available, podcasts and talks with people sharing their stories and expertise as well as training programs and coaching opportunities to help our members navigate their way through the coming months as we emerge from the immediate crisis.www.iaccm.com/task/remote-work-environment-balance/
Hi Steve, thank you for your question. Pricing trends for major equipment are not something we specialize in unfortunately and in the current circumstances, the answer would, I believe, vary enormously depending on the nature, type, and location of the acquisition.
• GMR Energy LImited
Believe there is no ready made global data base as of now. Each countries Govt. publishes data on whole sale price index/producer price index/purchasers price index( nomenclature varies) on each and every category of product including machinery, equipment etc. year on year and month on month. These data is generally publicly available and can be accessed and down loaded.
For example - there is Bureau of Labour Statistics in USA which pubishes all such data for the products manufactured in USA. In India its published in a bulletin every month by the central bank i.e Reserve Bank of India