Welcome to “Law 101: Hints & Issues.”
See below PowerPoint lesson on how to negotiate a Service Agreement vs. Sale of Goods Agreement.
If you are interested in learning the 12 Secrets to negotiating contracts, Meet Your Instructor on Thursday, February 23rd, 2023 @ 0800 (NEW YORK CITY TIME).
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Volume 2023, Issue #1: Contract Hints & Legal Issues: January 2023
Contract Negotiation 101: Service Agreement vs. Sale of Goods Agreement
1. Based on the below verbiage, what type of contract are you agreeing to?
In the event you as an individual or entity, continue past this slide and/or participate in this course, you agree that Raymond G. Husum doing business as ESL Legal Academy: (1) is the Copyright Owner of this lesson and recording thereof, including, but not limited to, use of your likeness, and (2) grants you a license to use it, provided, however, such license terminates upon termination of this lesson.
Answer = Unilateral Agreement
2. What is the number one rule for negotiations?
Answer = Practice makes Perfect!
3. Do you know what an Element in Contention (EIC) is?
Answer = An EIC is a word, provision or legal subject matter that must be negotiated and agreed upon by the parties before negotiations may conclude.
4. What are/is the EIC in this negotiation? See Lesson.
5. What is the Six Step of the 12 Secrets of Contract Negotiations?
Answer = Find out Reason for Change or Party’s Concerns
6. What Uniform Commercial Code Article covers the Battle of the Forms?
Answer = U.C.C. 2-207 (Battle of the Forms)
7. What is a Pass-Through Clause?
Answer = Pass-Through clauses (a.k.a. flow-down or conduit clauses), typically require the buyer to have its customers agree to terms provided by seller, thereby binding buyer's customers to the same duties and obligations – and to the same extent – as the buyer has to the seller.
8. What is Bridge Software?
Answer = Bridge Software is customized software program/interface that allows interoperability/integration between two distinct application/software programs.
9. What does SLA mean?
Answer = Service Level Agreement.
10. What Negotiating Strategy would you use to convince the other party that :
(1) U.C.C. § 2-312 will not apply to your agreement;
(2) that your choice of Law, Jurisdiction and Venue should apply; and
(3) IMPLIED WARRANTIES OF MERCHANTABILITY is not necessary?
To see our negotiating strategy, please Left Click on your mouse for best viewing. Otherwise, you can use Arrows at bottom of PowerPoint Presentation to proceed through lesson. Find a colleague for this lesson. During the lesson, you can be either the provider/seller/vendor or recipient/buyer/vendee of a good of service.