This practice note outlines the key risks involved in international supply of goods agreements and presents best practices and contractual tools to manage these risks effectively. Its objective is to provide suppliers and buyers with strategic insights to build resilient and compliant global supply chains.
This practice note outlines the essential best practices for drafting payment provisions in supply agreements to ensure clarity, fairness, and enforceability. It aims to help both suppliers and buyers avoid disputes and manage risks effectively through well-structured payment terms.
This practice note explores the essential best practices for negotiating Incoterms from both supplier and buyer perspectives, highlighting risk allocation, cost control, and logistics management. It provides actionable recommendations to ensure clarity, compliance, and alignment with practical capabilities in international trade agreements.
This practice note outlines the essential principles for drafting effective goods specifications in supply agreements, focusing on clarity, balance, fairness, and measurability. It aims to guide professionals in creating specifications that promote competition, reduce disputes, and ensure supplier compliance.
This practice note explores the key considerations and best practices for negotiating delivery terms in supply agreements from both the buyer’s and supplier’s perspectives. It highlights priorities, risks, and practical strategies to ensure clarity, fairness, and efficiency in contractual delivery obligations.
This practice note outlines the essential best practices for drafting and managing price escalation clauses in commercial contracts. It aims to help parties balance fairness, predictability, and risk-sharing through clear triggers, transparent formulas, and practical safeguards.
This practice note explores the concept of dynamic discounting in contracts, outlining its calculation, benefits, and challenges. It aims to provide best practices for implementing dynamic discounting effectively to optimize supplier relationships and financial outcomes.
This practice note outlines essential best practices for drafting late payment clauses in commercial contracts, focusing on clarity, legal compliance, and balancing enforcement with business relationships. It provides practical guidance to ensure provisions are enforceable, fair, and aligned with statutory requirements.
This practice note explores the common benchmarks used for late payment interest in commercial contracts, highlighting their advantages, disadvantages, and practical considerations. It aims to guide contract drafters and negotiators in selecting appropriate interest rate benchmarks aligned with jurisdictional and commercial needs.
This practice note explores the critical distinction between ownership and risk in supply agreements, highlighting best practices for both suppliers and purchasers. It provides legal principles, practical guidance, and risk mitigation strategies to ensure clarity and reduce disputes in commercial contracts.
This practice note provides an overview of liquidated damages clauses, focusing on their use in commercial contracts where actual losses from breaches are difficult to quantify. It outlines best practices, legal considerations, and key risks to ensure these clauses are enforceable and effective across various legal systems.
This practice note explores the legal framework governing penalty clauses in South Africa, focusing on drafting considerations, enforceability, risks, and practical guidance. It aims to provide a clear understanding for legal practitioners and business professionals on how to effectively use penalty clauses in contracts.
This practice note explores key intellectual property (IP) negotiation strategies within supply agreements, focusing on the perspectives of both suppliers and buyers across different types of goods. It provides a comparative analysis and strategic insights to guide effective contract negotiations.
This practice note clarifies the distinction between warranties and undertakings in South African supply agreements for goods. It highlights their roles, typical examples, durations, and best practices, aiming to help draft effective contracts that allocate risk and responsibility appropriately between suppliers and purchasers.
This practice note outlines best practices for ensuring tax compliance in commercial contracts that span multiple jurisdictions. It highlights key strategies such as incorporating tax clauses, referencing Double Tax Agreements (DTAs), and managing tax risks effectively.
This practice note explores the key mechanisms used in international supply agreements to ensure product quality, including inspection rights, warranties, and remedies for defective goods. It highlights the legal frameworks and practical considerations that protect buyers and maintain supplier accountability across jurisdictions.
This practice note explores best practices for intellectual property (IP) representations and warranties in supply agreements, focusing on ownership assurances, non-infringement warranties, and remedies for third-party infringement claims. It also highlights risk allocation and drafting tips to balance supplier and buyer interests.
This practice note explores the key risk management tools embedded in international supply agreements, focusing on clauses that address disruptions from pandemics, wars, and shipping delays. It highlights practical drafting tips and challenges to enhance contractual resilience in global supply chains.
This practice note outlines best practices for drafting hazardous goods clauses in supply agreements, focusing on regulatory compliance, risk allocation, and operational safety. It provides a detailed overview of key clause areas and highlights challenges specific to South African law.
This practice note focuses on best practices for negotiating indemnification and limitation of liability provisions in South African supply and service agreements, emphasizing the importance of clear, balanced, and enforceable clauses that comply with legal requirements. It highlights key legal principles, common pitfalls, and actionable recommendations to ensure that risk allocation is fair and aligned with both commercial realities and statutory obligations.
This practice note summarises key South African tax considerations for cross-border supplies of goods (and commonly associated equipment) with a focus on import VAT, export zero rating, customs duties and documentary compliance. It is intended as a practical, high-level guide for identifying typical obligations and common risk areas for importers and exporters.
This document examines the principal pricing models used in supply agreements, including fixed pricing, variable pricing, currency fluctuation mechanisms, and hybrid approaches. It focuses on the legal and commercial implications of each model, with particular attention to risk allocation, market volatility, and drafting considerations in both domestic and international supply relationships.
This practice note outlines essential best practices for drafting and managing supply agreements, focusing on inspection, rejection, acceptance, and final acceptance stages. It aims to help buyers and suppliers minimize disputes and ensure clear contractual obligations.
This practice note covers key contractual clauses designed to monitor and manage supplier financial health risks. It provides practical tools for early detection of financial distress and mechanisms to ensure supply chain continuity.
This practice note focuses on the key aspects of cybersecurity warranties in contracts, emphasizing their scope, limitations, and enforceability. It serves as a practical guide for legal practitioners and negotiators to draft effective cybersecurity warranty clauses.
This note provides focused legal drafting guidance on embedding sustainability-linked obligations in supply contracts. It emphasizes emissions targets, energy-use reporting, and green-material requirements to ensure enforceable ESG commitments.
This practice note focuses on the strategic contractual frameworks and operational models that underpin dual-sourcing and multi-vendor supply strategies. It aims to provide practical guidance on managing supplier redundancy, volume allocation, and transition mechanisms to enhance supply chain resilience and flexibility.