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Who should attend Purchasing Law For Buyers And Sellers
This one-day seminar is designed for purchasing managers, material managers, contracting administrators, attorneys, controllers and accounting professionals.
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Purchasing Law For Buyers And Sellers  

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This one-day seminar is designed for purchasing managers, material managers, contracting administrators, attorneys, controllers and accounting professionals.

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Seminar Summary:

This seminar will explore the anonymous nature of Internet transactions, created risks of transaction integrity and information protection. (see full course description)

 
 

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Training Course Syllabus:


The anonymous nature of Internet transactions created risks of transaction integrity and information protection.

Seminar highlights:

  • Internet transactions v. e-mail or written contracts
  • What is advertising or mere puffing and what is a warranty?
  • When does the contract come into existence? What are the terms? Are terms negotiable?
  • What assurance do you have that the seller will perform? How will the seller make good on warranty claims? What is breach? What remedies are available?
  • Will your credit card information be stolen? Will your personal information become part of a customer list that is sold over and over again?

8:30 a.m. - 10:30 a.m.

I. General Overview

A. Sources of Law – UCC Articles 2 (Sales), 2A (Leasing), UCITA (Computer Information), CISG (International Transactions) and Incoterms (Shipping & Insurance)

B. Mixed Sale Of Goods And Services

C. Construction Contracts

D. Liberal Administration Of Remedies

E. Supplementary General Principles Of Law

F. Implied Obligation Of Good Faith And Fair Dealing

G. Termination vs. Cancellation

H. New Developments

II. Form, Formation And Readjustment Of Contract

A. Statute Of Frauds; Electronic Contracts

B. Parol Evidence Rule

C. Formation

D. Offer And Acceptance

E. Battle Of The Forms

F. Course Of Performance Or Practical Construction

G. Modification, Rescission And Waiver

H. Assignment And Delegation

10:30 a.m. - 10:40 a.m.

Break

10:40 a.m. - 12:00 p.m.

III. General Obligations And Construction

A. Transfer And Deliver; Accept And Pay

B. Unconscionable Terms

C. Allocation Of Risks

D. Gap-Filling Provisions: Price, Place For Delivery, Time, Payment

E. Output, Requirements, Exclusive Dealings

IV. Warranties

A. Warranties Of Title, etc.

B. Express Warranties

C. Implied Warranties Of Merchantability And Fitness For Particular Purpose

D. Exclusion Or Modification Of Warranties

12:00 p.m. - 1:00 p.m.

Lunch (On Your Own)

1:00 p.m. - 1:55 p.m.

V. Title, Creditors And Good Faith Purchasers

A. Passing Of Title; Reserving Security Interest

B. Rights Of Buyer vis-à-vis Seller's Creditors

VI. Performance

A. Buyer's Rights On Seller's Insolvency

B. Manner Of Seller's Tender Of Delivery

C. Shipment vs. Delivery

D. Insurance Issues

E. Effect Of Seller's Tender

F. Cure By Seller Of Improper Delivery

G. Risk Of Loss

H. Inspection Rights

I. Tender Of Payment; Payment By Check

J. Payment Before Inspection

1:55 p.m. - 2:45 p.m.

VII. Using Letters Of Credit To Enhance Performance

A. Structure

B. Credit Strength Of Issuer

C. Ease And Access

D. Triggers

VIII. Breach, Repudiation And Excuse

A. Buyer's Rights To Accept Or Reject On Improper Delivery

B. Rejection

C. Acceptance

D. Revocation Of Acceptance

E. Adequate Assurance Of Performance

F. Anticipatory Repudiation; Retraction

G. Casualty

H. Excuse By Failure Of Presupposed Conditions

I. Procedure To Claim Excuse

2:45 p.m. - 2:55 p.m.

Break

2:55 p.m. - 4:00 p.m.

IX. Remedies

A. Statute Of Limitations

B. Seller's Remedies

1. Identifying Goods To The Contract

2. Stoppage Of Delivery

3. Resale

4. Damages

5. Action For The Price

6. Incidental Damages

C. Buyer's Remedies

1. Cover

2. Damages For Non-Delivery

3. Damages For Breach Regarding Accepted Goods

4. Incidental And Consequential Damages

D. Specific Performance

E. Liquidation Or Limitation Of Damages

F. Contractual Modification Or Limitation Of Remedy

G. Arbitration And Mediation vs. Litigation

4:00 p.m. - 4:30 p.m.

X. Ethical Issues

A. What Are Ethics?

B. Is Ethics In Purchasing An Oxymoron

C. On The Border Of Zealous Representation

Seminar Summary:

This seminar will explore the anonymous nature of Internet transactions, created risks of transaction integrity and information protection. (see full course description)

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