1 / 12

International project contracts

E.S.C.T. 2005-2006. International project contracts. Scope for this course. Objective Getting international project managers to contract management understanding a contract getting the capabilities to steer a contract negotiation Application

alicia
Download Presentation

International project contracts

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript


  1. E.S.C.T. 2005-2006 International project contracts

  2. Scope for this course • Objective • Getting international project managers to contract management • understanding a contract • getting the capabilities to steer a contract negotiation • Application • Contracting and executing an international project contract.

  3. My job : international contracts for telecom infrastructure

  4. General Points • Why a contract ? • A sale is an agreement by which Party A commits to deliver something to Party B and B commits to pay A • Under French Law, a written contract is not mandatory, but : • Extremely useful ( Accounting, tax regulations, banks, project management) • Contract includes the memory of the agreement between the Parties • Types of Contract : • Equipment, services, • Technical support, repair or maintenance • Training courses, transfer of know-how • All in the same contract

  5. General Points • What a contract must say? • Identification of the Parties: • The Seller • The Buyer • Their respective authorised representatives • The Scope of work: • Description of the Equipment • Description of the services • The delivery schedule • The Price: • The base price • The type of price • The Payment conditions • The General Terms and Conditions (“T & Cs”) • “Business” T & C • “Administrative” T & C • “Legal” T & C • The coming into force

  6. THE CONTRACT:Front Page • Contract Nber …. • Made and entered into by and between … • For the supply of … • Signed on … by Mr. … on behalf of (Buyer) and Mr. … on behalf of (Seller)

  7. THE CONTRACT: Identification of the Parties, preamble, summary • Identification of the Parties • Name, address, natural person empowered to execute and commit the company • Preamble • Explain the context of the Contract • Should not contain rights or obligations • Summary

  8. THE CONTRACT: Backbone of the Contract • Contract Terms • The contractual dictionary • Scope of the Contract • Description of Supply and services • Contract documents • The list of documents making part of the Contract • Delivery Schedule

  9. THE CONTRACT:Financial Terms • Price • Type of price • Firm • Firm and fixed • Currency • Taxes, levies and duties • Who pays what ? • Payment conditions • When? • Upon delivery • downpayment • Milestones • Term of payment • How? • Simple bank transfer • Means of payment (documentary credit, promissory note, etc …) • Guaranties issued in favour of the Customer

  10. THE CONTRACT:The rules of the game • Acceptance • Factory Acceptance • Final on Site Acceptance • Transfer of risk • Transfer of title • Buyer’s undertakings • Transport of equipments • Insurance • Customs clearance • Documentation • Associated Contractor’s obligations • warranty • Changes and spares • Training course • Default • Liquidated damages for late delivery • Termination for default

  11. THE CONTRACT:General T & C’s • Liabilities • Secret • Proprietary rights • Background • foreground • Force Majeure • Disputes • Arbitration • Coming into force

  12. THE CONTRACT:Annexes • Technical annexes • Technical specifications • Statement of work • Product assurance plan • Test plan definition (acceptance criteria) • Financial Annexes • Models of guarantee • Advance payment bank guarantee • Performance bank guarantee • Model of documentary credit • Model of promissory note • Other annexes • Power of attorney • Model of acceptance certificate

More Related