Understanding the Legal Aspects of Purchasing

Why You Should Attend 

The relationship between a purchasing agent and seller is a legal one, and any purchase orders placed by a purchasing agent are legal documents.  They commit your company, as well as the vendor's company, to definite reciprocal obligations. 

So how can you be sure that:  

·         a purchase order accurately expresses the agreement with your suppliers?

·         a legally-binding and valid contract has been executed to ensure delivery of goods?

·         the contract has been properly extended to attain the goals of sound procurement and physical supply practice?

A working knowledge of the most important purchasing laws is essential, as is a basic knowledge of your rights and the rights of the seller under certain circumstances.  You must, through your negotiating efforts, protect all the rights of your company in every purchase transaction.  You must also pay particular attention to the matter of warranties and the efforts of suppliers to circumvent or limit liability under the warranties.  With purchasing negotiations focusing more and more on factors other than price, the demand for Understanding the Legal Aspects of Purchasing is increasing.

At this seminar, you will learn all of the practical subtleties of purchasing contracts, steps you can take to protect your organization from expensive liability, how to provide remedies if contract terms are not met, and how to ensure the quality of goods and services legally.

The examples discussed in this seminar will be real, and the application will be on the day-to-day procedures, systems, and decisions in your company—helping you be confident that you can avert major problems.  This seminar will guide you, step-by-step, through the maze of contract law and the Uniform Commercial Code.  Special emphasis will be placed on the "How to" of reading and understanding the code and complicated legal clauses.

Who Should Attend 

This program is geared to both new and experienced purchasing professionals, buyers, purchasing administrators, purchasing supervisors, materials managers, purchasing managers, purchasing directors, suppliers representatives, sales managers, and customer service representatives seeking to gain a basic understanding of contract law and the Uniform Commercial Code's Article 2 and to apply legal principles to everyday purchasing contracts and decisions.

21 Key Benefits of Attending 

1.                  The 4 key elements of a legal and sales forms conflict

2.                  How to win the Battle of the Forms when purchase and sales forms conflict

3.                  The concept of title and passage of title question

4.                  What is the Law of Agency governing—the relationship between you and your company?

5.                  The importance of the "Get It in Writing and Put It in Writing" rule

6.                  A clear method for understanding the various types of contracts

7.                  What is the Uniform Commercial Code and the text of the law as it applies to Article 2?

8.                  How to establish a good set of purchase order terms and conditions

9.                  What are warranties, and what is the difference between express and implied warranties?

10.              The valid reasons for non-performance on a contract

11.              What is the legal concept of inspection, and what is its close relationship to the concept of acceptance?

12.              The key Federal antitrust laws you need to know about

13.              The recognition of the legal difference between the terms "acknowledgment" and "acceptance"

14.              How to apply the concept of consideration— quantity, price, and time of delivery

15.              A clear method for understanding the illusory promise, a reasonable price, and the importance of time

16.              The 3 ways that contract non-performance may arise

17.              The 3 courses of legal action open to the injured party when the other party fails to perform

18.              Understanding the expressed or implied conditions that determine the rights or duties of both parties prior to, during, and after performance

19.              The 7 different kinds of damages arising from a breach of contract

20.              The 3 types of authority that may be granted an agent

21.              Understanding the obligations and liabilities of an agent to a principal