A helpful resource for you: www.amazon.com/Outsourcing-Agreements-Practical-George-Kimball/dp/0199575223/ref=sr_1_5
The book includes a short form outsourcing agreement along with some template schedules. Importantly, it provides a lot of helpful guidance around many of the issues to work through on an outsourcing transaction.
Hope this helps.
AJA Global Consultancy Services, LLC
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?
my suggestion would be to have editable "visual templates" (e.g. in PowerPoint) in use already during negotiation. Depending on the topic, they could be owned by business or legal negotiators. You can use these in presentations and outside of contract documents to facilitate reaching the meeting of the minds about key topics for your relationship/transaction, and modify them collaboratively with the client. At the end, you just add the static version of the diagram (exported e.g. as jpg or png) to the contract, like a snapshop documenting what was agreed together.
In order to minimize effort, create negotiable visualizations only for topics that are crucial and would actually benefit from increased clarity and shared understanding.
If you want an example of such a use case, you may want to have a look at this article that appeared on JSCAN (it is part of your IACCM Membership): journals.sagepub.com/doi/full/10.1177/2055563616669739
Let me know if this helps, and feel free to reach out again!
• Passera Design
just wondering if you would be willing and able to submit your example on the IACCM Contract Design Pattern Library (even in a partial/edited/anonymized form if you so wish). We have a section on timelines, and your example would be in good company: contract-design.iaccm.com/timeline
Submissions can be made here: contract-design.iaccm.com/contribute
I am available for any question regarding the submission and publishing process. :)
• Novo Nordisk
Thanks Stefania, very practical suggestion! I found the article and look forward to reading it.
It would depend on the order of precedence called out in the contract. Depending on what the contractual terms are the order could vary. Without more information I would hesitate to provide a conclusive answer to the question. If you could provide a it more detail it would be greatly appreciated.
• Airbus Defence and Space GmbH
The logic would tell me to start with the particulars and then the general conditions of a Contract :-) usually I try to avoid putting the tender and it's acceptance into the contract as the contract should reflect this accosringvto parties agreement as well ! For me the contract should be the ultimate and final agreement between the Parties! Hope that helps!
Please clarify. Are you asking for a contract template for a project adopting the Sprint method of software creation? We can connect you with the Technology Network at the IACCM to discuss this further.