Hi Mary Jo - great question. We've tried to take a lot out of the workload by investing up front in standard templates as much as possible. If you're only then putting in place objectives and milestones and special conditions to deal with unique risks whilst keeping the rest as identical as possible, we found that we've saved a lot of time and effort out of the process. Our former solicitors / lawyers were a little bit upset though !
Where possible, we've also tried to align legal manager to a procurement category. That helps balance things out but that way, they also see that there are themes or risk that might resonate within that area or require a new standard contract term.
Hope this helps
Hi Darren, Thank you for your response. Can you clarify what you mean by "we've also tried to align legal manager to a procurement category"? Would a procurement category be a business segment?
• Fire and Emergency NZ
Hi Mary Jo - sure. Business segment, category or team - by whatever name, we're talking the same.
Hope that this helped, and would love to hear any comments as to how others have done this as well ! b
I would expand to the inclusion of customer name/logo use in marketing material as there would typically be some sort of agreement prior to such marketing material being used. Maybe strike the language or amend to clarify?
• Philips India Limited
I have had experience when we signed non-binding MoU for JVs. The most likely scenario would be that the JV partner may like to advertise to the greater world that they have signed on a path breaking MOU etc., especially if these partners are listed entities. So its advisable to make it explicit that disclosing the existence of agreement covers not just "verbatim" disclosures, but other modes as well - including social media...unless explicitly agreed between the parties.
I agree with the other replies here, the NDA should cover marketing material. It's common courtesy to check the other party is ok with this being shared and customers I have had have explicitly blocked this as a company policy.
In addition to all your suggestions, I would think that a self certification from all the stakeholders would serve as a good base for your update to the management unless of course you are using a contract management software that allows you to generate compliance reports.
• Neptune Marine Service Pty Ltd
From my limited understanding, Contracts for International Sale of Goods (CISG) will automatically apply to the sales of goods contracts if it meets certain requirements (such as parties have chosen the law of one of the contracting states which have adopted CISG etc..) unless it is expressively excluded from the contract.
I have some samples I can share with you that are subject matter specific. However, you may be able to extract some of the language to fit your needs. Unfortunately, it is in a PDF file that I would have to email to you. If you'd like me to do that, feel free to email at firstname.lastname@example.org, and I will reply w/ the attachment.