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Details

A two day course

Intended for all levels of purchasing personnel with responsibility for contracting and placing purchase orders with suppliers, sub-contractors and service providers. The course will also benefit those involved in the procurement process such as engineering, technical, marketing and manufacturing personnel.

Outcomes

This is a specialist course aimed at giving delegates a sound working knowledge of the law relating to purchasing. As well as covering legislation, the course is designed to show the application of the law to practical situations regularly met by organisations purchasing goods and services. Practical advice and examples are provided on how to set up more robust contracts and manage the process of contract formation.

Sale of goods legislation is covered in detail with an emphasis on how the buyer can ensure that their statutory protection is not diluted by the seller’s Terms of Sale. The course also covers more recent legislation such as the Bribery and Modern Slavery Acts and TUPE.

Outline

The Nature of Law

‘Law’ Defined / Sources of Law / Common and Statutory Law / Civil and Criminal Law / The European Union / Directives, Regulations and Decisions / Article 50 / Brexit.

The Law of Contract

Formation of Contract / Letters of Intent / Legal Status of Quotation, Order, Acknowledgement / Conditions of Sale versus Conditions of Purchase (‘the Battle of the Forms’).

Discharge of Contract

Performance / Agreement / Breach / Frustration / Creating ‘Absolute Obligations’ for Performance / Termination Clauses.

Remedies for Breach of Contract

Calculation / Damages / Liquidated Damages / Unliquidated Damages / Penalty Clauses / Ensuring Enforcement.

Sale of Goods Legislation

Supply of Goods (Implied Terms) Act 1973 / Sale of Goods Act 1979 / Supply of Goods and Services Act 1982 / Sale and Supply of Goods Act 1994.

‘Recent’ Legislation

The Bribery Act 2010 / Modern Slavery Act 2015 / Consumer Rights Act 2015 / Transfer of Undertakings (Protection of Employment) Regulations (TUPE).

Contract Terms

Express & Implied Terms / Conditions & Warranties / Limitation & Exemption of Liability Terms / Unfair Contract Terms Act 1977.

International Legal Implications

Conflict of Legal Systems / Uniform Law / International Conventions Incorporated into National Law / Courts of Jurisdiction / Arbitration / The International Chamber of Commerce (ICC).

Practical Implications

Negotiating the Best Terms and Conditions / Protecting your Organisation’s Interests / Reducing Risk Exposure.

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PMS provide a range of first class training courses presented by our expert tutors. 

Gareth Roden is the principal tutor and managing director of PMS. He has held senior management positions in both public and private sector procurement in automotive, mining and mechanical engineering businesses.  His hands-on experience and dynamic presentation style enable Gareth to act as the ideal leader of our interactive courses.
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