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(Solution) CIPS Developing Contracts PDC Battle of the Forms

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In the process adopted to manage the contracts, battle of the forms is evident in varying terms and conditions being used by the suppliers and the buyer (CIPS, 2023). Hence, for avoiding this type of battle, the different parties engaged in the contract are supposed to highlight their entire terms and conditions with a need to arrive to a common agreement noticeable.

For a successful implementation of contracts, the battle of the forms are evident in an event the negotiation process of the contracts have varying differences in terms and conditions, battle of the form is noted to occur. In line with the available research works, it is important understanding the battle of the forms and ensuring any countermeasure/counterstrategy is adopted critical for operations of QRC in the sourcing of secondment services.

In describing the concept of battle of the forms, one of the case law which can be put into account is TRW and Panasonic Company Europe Gmbh form War (CIPS, 2021). The components of this case law entailed TRW who was the buyer or organisation operationalising the contract got involved to sign customer files identifying buyer as having obtained and recognised sellers terms and conditions. The battle of the forms was evident at the point where Panasonic Organisation adopted their terms and conditions as a reference point in implementing the contracts. As a best strategy in managing the battle of the forms, the seller and buyer made a common agreement to align terms and conditions with loses being taken fully by a buyer. Ultimately, to mitigate the consequences of battle of the forms, they came up with a common sales agreement which was an alternative implying harmonisation of the entire issues leading to occurrence of battle of the forms.

Implementing a common agreement under terms and conditions of a buyer

As part of successful contract implementation, Shanahan and Smith (2023) note on need for embracing a fair-fair principle to manage the battle of the forms. Their management is pursued after being recognised to exist in the contract implementation process. The most appropriate strategy is in-depth reviewing contracts prior enrolment,

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(Solution) CIPS Developing Contracts PDC Battle of the Forms

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Implementing a common agreement under terms and conditions of a buyer

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