Many legal processes apply to the procurement environment. Brush up on this crucial component in purchasing.
Can you correctly interpret the intentions behind supplier contract clauses?
Do you understand the legal implications of orders, invoices and delivery notices?
What are your pre- and post-contract award obligations from a legal perspective?
Do your suppliers understand their legal rights better than you do?
The outcomes below are supported by case studies, group exercises and examples of South African court findings. Furthermore, you will leave the course with a typical set of terms and conditions of purchase that limit the buyer’s risk.
YOU WILL LEARN
- The South African legal framework, Fundamental concepts in the law of contract; essential contractual elements and common law and statuary exclusion clauses;
- Legal aspects surrounding the tendering processes;
- Legal aspects of delivery; receipt and payment;
- The 'battle of the forms';
- Framework agreements;
- Breach of contract and its effects. Apply legal rules and remedies where there are voidable / vitiating factors;
- Conditions of insolvency and rehabilitation;
- Identify and evaluate litigation as a method of commercial dispute resolution; including the conditions to compel the debtor to perform in terms of the contract;
- Explain the implications of disclosure from a legal perspective as it relates to the procurement process;
- The shipping documents required for sale of goods in an international context;
- The general rule of rights to third parties; debtors and creditors.
WHO SHOULD ATTEND
- Contract Managers, Procurement and Supply Chain Managers, Supplier Relationship Managers, Senior Buyers, Cross-functional team members, Commercial Specialists, Commodity Managers, Category Manager, Sourcing Managers