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Article Title: Terms and Conditions of a Global Sourcing Contract
Author: Alice Khosravy
Category: Business
Word Count: 417
Keywords: global sourcing, global sourcing contract, outsourcing contract, 
outsourcing agreement
Author's Email Address: [email protected]
Article Source: http://www.articlemarketer.com
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A well-drafted outsourcing contract can create a strong and lasting 
relationship with the supplier. However, a weak outsourcing contract can cause 
a project's failure. The contract terms and conditions should always be clearly 
understood by both parties, before the agreement is signed.

The typical outsourcing engagement lasts for several years, which makes it 
crucial that both the buyer and supplier recognize the terms and conditions in 
which they are agreeing to abide. Suppliers will work hard to ensure that their 
interests are being protected and they will draft an agreement that reflects 
this protection. A buyer can also make sure that they are protected by taking 
the time to review the terms and conditions to determine the relative position 
of the contract, meaning whether the contract favors one party over another.

The buyer should know what key elements should be included in an outsourcing 
contract when reviewing the terms and conditions. Most outsourcing agreements 
will address such issues as performance expectations, responsibilities, scope 
of work, security procedures, pricing and termination conditions. Other areas 
that often are included in the contract terms and conditions include 
governance, rights of recourse and pricing. 

Reward and penalty clauses are often incorporated into outsourcing contracts, 
such as incentives for reaching certain targets and expectations, as well as 
penalties for non-performance and failure due to gross negligence. The 
termination provision is also an important component to the contract so that 
reasons for terminating the agreement are clearly identified. A termination 
clause may include termination for convenience, change of control termination 
for cause and flexibility of termination. 

Another important factor in a global sourcing contract involves remedies for 
dispute resolution and the jurisdiction in which the resolution should take 
place. This jurisdiction should be fair to the buyer and supplier. The 
jurisdiction chosen should allow either party to obtain a prompt, neutral and 
cost effective resolution to the dispute.

Before signing the outsourcing contract, the buyer should thoroughly review the 
terms and conditions to identify any issues that may need to be negotiated. A 
lawyer or industry expert can help determine the level of protection for the 
buyer by closely analyzing the outsourcing agreement. Understanding the terms 
and conditions of the global sourcing contract can help the buyer find success 
with the outsourcing arrangement.

Remember, a global sourcing relationship can last for years to come and in 
order to receive the most benefits from the arrangement, the terms and 
conditions must be fair.  Taking the time to put together the outsourcing 
contract is well worth the effort.

A&E Consulting is a full service consulting firm that has been successfully 
helping clients with their global needs.  Visit 
http://www.globalsourceyourit.com or call 818-572-8399 for more information.
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