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ROWE ASSOCIATES INC.

Center Harbor, NH

Telephone: 603 253-8600 Fax: 603 244-3034


The Legal Aspects of Purchasingsm
Understanding and anticipating the legal impact of purchasing decisions is vital for every organization -- and therefore vital for every purchasing professional. Yet, in most organizations, very little attention is paid to whether purchasing staff truly understand the legal dimensions of purchasing. This program has been designed to lay a foundation for an enhanced understanding of purchasing-specific legal issues. Moreover, participants will learn how to carry out purchasing activities in a way that prevents problems from occurring.

Specific attention will be paid to contracts, agency law and the relationship between buyer and seller. We will explore and discuss in detail the impact of the Uniform Commercial Code on supply chain management, freight issues and anti-competition laws that can affect everyone in the supply chain.

PARTICIPANTS WILL LEARN:
  • How to deal with e commerce
  • How to avoid entering into a bad contract
  • Three methods to reduce the cost and liability of freight
  • What you need to know about the Uniform Computer Information Transaction Act (UCITA)
  • Selecting the best contract for different types of purchasing
  • Two key laws every buyer should know
  • How to handle unauthorized shipments
  • Ways of handling defective materials
  • The best way to get your materials delivered on time
WHO SHOULD ATTEND:
  • Associate Buyers
  • Buyers
  • Transportation, Distribution and Non-Purchasing Executives
  • Managers responsible for the purchasing function
  • Engineers and Managers with Purchasing-Supplier interface

WORKSHOP OUTLINE:

1. THE ORGIN AN HISTORY OF UCC
   UNIFORM COMMERCIAL CODE
  • The Nine Articles
  • Article 2: Sales
2. THE LAW OF AGENCY
  • Types of Agent
  • Buyer Authority
  • Seller Authority
  • The Risk of Non Purchasing Transations
3. THE OFFER AND ACCEPTANCE
  • What Constitutes an Offer
  • The Request for Quote/Bid
  • The Term of an Offer
  • When an Offer Becomes a Contract
4. COMPETENCE OF PARTIES TO CONTRACT
  • Honest Mistakes
  • Misrepresentation
5. LEGAL OF PURPOSE
  • Ultra Vires Contracts
  • Exculpatory Clauses
6. THE BUYER-SELLER RELATIONSHIP
  • Delivery - How to Guarantee it
  • Documents of Title - Do You Need Them?
7. TYPES OF CONTRACTS
  • The Two Major Categories
  • How to Decide Which Type to Use
  • The Statute of Frauds
8. TITLE AND RISH OF LOSS
  • F.O.B.
  • Freight Factor
9. THE BATTLE OF THE FORMS
  • The Purchase Order
  • The Acknowledgement
  • THe Quotation
  • Boilerplates
10. RIGHTS OF INSPECTION AND REJECTION
  • Revocation of Acceptance
  • Rights of Seller
11. WARRANTIES
  • Requirements for Warranty
  • Warranty of Title
  • Express Warranty
12. REMEDIES FOR BUYER AND SELLER
  • Cancellation and Breach of Contract
  • Recovery of Damages
13. MEANS OF RESOLVING DISPUTES
  • Litigation VersUs Arbitration
  • Which is Best?
  • ADR: An Effective Approach
14. PATENTS

15. GOVERNMENT REGULATION OF BUSINESS
  • Anti-Trust Laws
  • Restraint of Trade
16. E-COMMERCE
  • Relevance to The UCC
  • The Paperless Challenge
17. UNIFORM COMPUTER INFORMATION TRANSACTION ACT (UCITA)
  • What is it?
  • What Will it Cover?
  • Some Selected Sections
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