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Legal aspects of purchasing

for

internationally operating staff

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Let's kill the lawyers first !
(William Shakespeare)

or . . .

Let's see our lawyer first ?

Copyright Xavier Leclercq – contact@adxl.eu

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Table of contents
Header table Legal aspects of Purchasing Should Buyers be lawyers The Law Juridical bonds impacting your job Conditions of validity of contracts Ability Consent Legality The Sale Accessories of Price, and Goods The effects of Sale Types of contracts Buyer deals with Types of contracts Buyer deals with Blanket orders, Umbrella contracts Details about Blanket Orders Details about Umbrella contracts Why longer term contracts Partenariat ou RSC Gains lies à la durée Rationales for longer term contracts Consequences of longer term 1st issue : Quality definition State of the art Clause Gant de ski, spécifications Quality improvement Clause Quality improvement Clause 2nd issue : R&D results Prop'ty Buyer and the Intel'al Propty Intellectual Property, in practice Intellectual Property, in practice 3rd issue : Price definition French de-escalation Clause Most Favoured Customer Clause Audit Clause 4th issue : Quantity definition 5th issue : How to define Duration ? Duration : In Practice Factors affecting Duration 6th issue : GCP contradict GCS Buyer & Seller's Responsibilities a) Penalty Vs indemnification b) Mitigation of damages c) Pre-contractual responsibility Letters of intent d) Buyer's responsibility Buyer's responsibility e) Seller's responsibility f) Patent defect and hidden defects Patent defects and hidden defects g) Responsibility in tort h) Total Quality and Responsibility Total Quality and Responsibility i)Reception and Responsibility Buyer and the Competition Law Competition Law, in practice Buyer and the Vienna Convention Vienna Convention : main points Vienna Convention : bad points General Conditions of Sale (GCS) GCS : Seller's heaven, Buyer's hell GCP : Buyer's heaven, Seller's hell GCP : Buyer's