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Procurement conditions

Buying components and raw materials is an essential part of production for exporters. This is often the job of a procurement manager who is responsible for purchase contracts or procurement conditions that appear on the reverse side of a purchase order.

Procurement conditions normally begin with an introductory clause. It establishes when a contract arises, the conditions that will prevail when there is conflict between the buyer’s procurement conditions and the seller’s conditions of sale, and may require all shipments to be subject to a purchase order.

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Other issues to be addressed by the buyer of goods include:

Documentation – specific information the buyer requires to process a shipment such as a packing slip

Conformance with requirements – a buyer may stipulate that the goods conform to drawings and specifications

Delivery – delivery dates and consequences for late delivery

Cancellation – circumstances under which the buyer can cancel an order

Damages and liability

Price – including responsibility for freight, insurance, taxes, duties etc

Rejection and return of goods

Confidentiality

Insolvency – buyer’s rights if the seller becomes insolvent before shipping the goods

Risk of loss and insurance

Intellectual property – protection for any IP disclosed by the buyer to the seller

Shipping terms

Warranty

Conflict resolution

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