Contract negotiation handbook getting the most out of commercial deals
A good commercial contract is both a springboard and a safety net -- it provides the opportunity to expand and grow your business, but also to protect it if things go wrong. In a tough commercial world, getting the best deal you can is paramount. The Contract Negotiation Handbook demystifies complex...
| Main Author: | |
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| Format: | eBook |
| Language: | English |
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Milton, Qld.
Wrightbooks
2007
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| Online Access: | |
| Collection: | O'Reilly - Collection details see MPG.ReNa |
Table of Contents:
- Cover; Contents; Title; Copyright; Dedication; About the Author; Introduction; Part I: The Contractual Environment; Chapter 1: Springboard and Safety Net; Optimism is a Good Thing in a Negotiation; How the Contract will Give Your Business Bounce; Sometimes Even the Most Skilled of Highwire Artists Slip!; Working Out the Difference between Springboard and Safety Net Terms; So what Does This Mean?; The Two Levels of the Safety Net; Two Sides of the Coin; Who can Enter into a Contract?; Being a Party to a Contract
- what Does this Mean?; Chapter 2: Contracts
- what are they?
- Exclusion of WarrantiesStatement of no Infringement of Third Party Rights; Termination/Default; Liquidated Damages Clause; Further Assurance; GST; Other Clauses; Chapter 6: Traps for the Seller
- Pitfalls in Negotiations; Misleading and Deceptive Conduct
- what is it?; Misled by Silence?; Talking the Talk
- the Art of Selling; Competitors; Identification Advertising; The Hangman's Noose?; The Company and its People can be Liable; Chapter 7: The Telltale Signs of the Overseller
- Buyer Beware; They Talk the Talk
- where is the Walk?; The Talk and the Reality Don't Match
- Doing Deals
- the Stuff of LifeThe Contract Tree; What is a Contract?; Types of Contracts; Are all Contracts Equal?; What are the Elements of a Contract?; From Blurry to Precise
- the Evolution of Contracts; Now I am in the Contract, When Do I have to Start Performing It?; But we didn't have a Deal -I didn't Agree to That!; That Document doesn't Reflect what we Agreed -how do I Fix It?; I am not Happy
- how do I Get Out?; The Contract is Terminated
- what does this Mean?; I Know it's not a Fair Contract but they Agreed to It!; What are Illegal Contracts?
- Locking them in before we are Signed, Sealed and delivered
- do I Need To?More than Joining the Dots
- Final Wording; Chapter 5: Terms of Contracts to Keep an Eye On; If it is in There, it is Important; Conditions Precedent Clause; Variation Clause; Entire Agreement Clause; Governing Law Clauses; Joint and Several Liability Clauses; Indemnities; Guarantees; Confidentiality; Warranties; Dispute Resolution Clauses; Waiver; Severability; Fundamental Terms Clause; Successors and Assigns; Variation Clause; Notices; Force Majeure; Exclusivity; Restraint of Trade or Competition
- Horses for Courses
- Types of ContractsThe Majesty of Master Agreements; This is a Bad Deal
- how do I Save Myself?; But they are Just Standard Terms!; The Hot Tips; Part II: Doing the Deal; Chapter 3: Preparing to do the Deal; Making a Deal; Know what you Want; Know what you don't Want; Knowing what you will do; What you Won't do; What do I Need to do to perform the Contract?; Can they Do what they Say they Can?; What 'form of Life' is your Counterparty?; Chapter 4: Negotiating
- doing the Deal; A Four-act Play?; Can I do a Deal? Drawing the Big Picture; The Recap