Event Details
ISM-Austin Procurement Contracting One Day Seminar
A one-day ISM-Austin seminar with Leslie Marell to explore and understand the global approach to reviewing/ negotiating your Contracts. 8 Continuing Education Hours (CEH) for this training and the inclusion of breakfast and lunch for the day.
Location
Renaissance Austin Hotel
9721 Arboretum Blvd
Austin, TX 78759
Contract Goals
• A global approach to reviewing/ negotiating your Contract:
o Defining the Deal
o Identifying “what can go wrong” issues
Explanation of Important Contract Terminology
• Breach, Liability, Contract Damages (Direct, Incidental, Consequential)
• Remedies at Law
• Limitations of Liability & Importance to Supplier
• Term; Auto Renewal; Termination
• Warranties
• Indemnity: What it means; Why it’s important. Relationship to the above issues
• Insurance: What it covers and doesn’t cover
Importance of the Statement of Work
• Don’t just leave it to your Stakeholder
• Approaches to better collaboration with Stakeholders
• Should we start with the Supplier’s SOW?
• Key Issues to address:
o Deliverables, Payment Milestones
o Acceptance
o Thinking through “real world” worst-case scenarios
Warranties
• “Plain English” explanation
o The “practical” aspects and “legal” aspects
o The FIVE warranties
o Warranty Remedies
• Relationship to SOW
• Issues your Stakeholder should discuss with the Supplier
• Explanation of Implied Warranties; Disclaimers
The “Battles of the Forms”
• What is the Battle of the Forms
o What it is NOT
• Guidelines in “fighting the battle”
• Real world approaches and suggestions to avoid disputes
Demystifying the “Legal” Clauses
• Explanation of underlying concepts
• Discussion of Buyer and Supplier perspectives
• Review of both Buyer and Supplier clauses
o Approaches to negotiation
Working with Legal
• What not to do
• What to do before you give your contract to Legal
• Creating a better working relationship with Legal to get faster/ better counsel.
Techniques of Effective Negotiating
• Approaching Negotiations
• Tips
Major Contract Areas
• TEN Contract Categories/ Areas Identified
• Included are:
o Sample Buyer clauses with explanations
o Sample Seller clauses with explanations
o Clear-cut example clauses for: statement of work, warranties, breach, termination, damages, indemnification, insurance, and boilerplate
Member Price: $649.00
Chapter Meeting
Date
May 6, 2025
Time
8 AM - 5 PM CT
Location
Additional Information
Presenters
Leslie S. Marell has been practicing business and commercial law for over 25 years. She has extensive legal experience counseling companies in the areas of business contracts and corporate matters, purchasing and sales, computer and technology law, real estate, and day to day legal matters.
Ms. Marell has presented seminars and workshops throughout the country since 1990 to thousands of purchasing, sales, and marketing professionals. She has given in-house presentations on topics addressing contractual issues in Business Law, Contract Law, and Intellectual Property Law to organizations such as Apple, Goodrich, Hewlett Packard, John Deere, Texaco, University of California, Los Angeles, Berkeley & San Diego, and Verizon. She is a frequent speaker at the Institute of Supply Management, the Electronics’ Independent Sales Representative’s Association, Manufacturer Agents’ National Association (MANA), and local trade associations.
Ms. Marell’s workshops are a blend of lecture, dynamic coaching, crystal clear communication, anecdotal humor, and audience participation including role playing and real case studies. For more information about her seminars to the purchasing community on contracts and purchasing law, visit www.inkthedealseminars.com