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 - firstname.lastname@example.org
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.
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?
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.
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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
Great question. You have certainly come to the right place for some expert advice. I hope others jump in as well. You can find an array of resources at your fingertips (including case studies).. if you go into the resource library (Resources > Resource Library) and search by category = Negotiation. I would particularly recommend:
IACCM Dubai Member Meeting April 2019 Presentations
Ask The Expert: Negotiating and Contracting in the Middle East
The Power of Intent Workshop - IACCM APAC Conference 2019
Do Procurement practices cause dishonesty?
Negotiating in a time of coronavirus
In Negotiations, Givers Are Smarter Than Takers
In addition, you may wish to consider our new Managing Contracts Virtually training program (which is currently included as a member benefit) .. Training > Managing Contracts Virtually.
If you need help accessing any of these materials, please contact me at email@example.com.