University of Salford Advanced Contract Law & Negotiation Report

This report examines a supply agreement between Healthy PLC and Mediquip Limited under English law. It analyzes the bargaining positions of both parties, focusing on the key contract clauses related to goods and services, payment, disputes, and liabilities. The report identifies the importance of specific clauses and provides recommendations for amendments to mitigate risks. It also discusses the legal framework, including liability and indemnity provisions. The analysis covers the legal aspects of the contract, including the impact of clauses on the parties involved. The report also addresses the incorporation of standard terms and conditions, pre-contractual frameworks, and limitations of liability. The report further discusses the importance of maintaining confidentiality and the implications of currency devaluation. Finally, the report addresses the clauses related to inspection and testing and their impact on risk management.

Advanced Contract Law &
Negotiation

Contents
INTRODUCTION...........................................................................................................................3
MAIN BODY..................................................................................................................................3
The description of contract under English law............................................................................3
2. The healthy plc. bargaining position.......................................................................................4
3. The key contract clauses..........................................................................................................4
4 Amendments and recommendations for the clause..................................................................7
5 The further information’s internally the healthy PLC form the MDIQUIP............................8
CONCLUSION................................................................................................................................8
REFERENCES..............................................................................................................................10

INTRODUCTION
Good and services agreement is helpful in designating the balances terms as in the little way bias
towards the other party in perfect manner. The agreements which is being there signed among
the healthy PLC and Mediquip limited have been known as the supply to the goods and services
agreements which is actually being designed as there for the situation of their supplier who have
seen selling both the goods and services to the customer in perfect manner. under the English
law.
As per the agreement, it have their clear level of onto that’s both goods and services have
assumed their supplier the supplying he customer directly. This have the optional provisions
allowing the support to subcontracts to its when very obligation. The company can be helping
out to have their major level of goods and services have assumed their supplier the supplying he
customer directly. The clauses which is sustainable remedy for the late payment as there
assemble for the contracts have there in accordance of the sections of their late payment of the
commercial debt. In addition to that’s the healthy place have the need to look out there risked if
there goods which h is needed to be passed to the customer on delivery upon the payment of the
price.
MAIN BODY
The description of contract under English law.
The agreements which is being there signed among the healthy PLC and Mediquip limited have
been known as the supply to the goods and services agreements which is actually being designed
as there for the situation of there supplier who have seen selling both the goods and services to
the customer in perfect manner. under the English law. Theis is he designed for their business to
business usage as the template which is carefully regulating their legal relationship between the
both parties.
As per the case study, it has been sated as the healthy plc is there public company have
providing of clinic across there UK having the providence of the medical services to the public
which have the inclusion of the diagnostic tests such as blood tests, CT scans and MRIs. On the
other hand, there med quip has been the supplies medical equipment in preterm of the proving
there maintenances services for the equipment supplies. In addition, the later film has there
providing the both equipment’s which is 30 % less as per another competition. In order to that’s
the firm is proving the maintains services for the minimum of 2 years.
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This agreement is helpful in designating the balances terms as in the little way bias towards the
other party in perfect manner. As per the case study, this have been the agreement which is
situation for the varsity of the good and services having the tinge of the medium of long
contracts durations. In the relation of the English laws, this agreement has the strong level of
lability and indemnity provisions are clearly including. As per the agreement, it have their clear
level of onto that’s both goods and services have assumed their supplier the supplying he
customer directly. This have the optional provisions allowing the support to subcontracts to its
when very obligation.
2. The healthy plc. bargaining position
As per the case of the healthy PLC have the bargaining position as there have been there large
contracts of the establishing the 10 MRI scanners for the usages uses in it clinic. T so the
company have their major reasonability for maintaining the services in installed in perfect
manner. the contracts have been for the major holding of the supplier as the is the big contracts
and the company have been there considered as the opportunities in order to have the promoting
of business with the help of the publishing the contracts with the healthy plc. his have they been
the tasking the customer with major level of codirections of thee overshowing as the healthy
supplier to the PLC. As per the case study, there have been there summarises the consideration
over manner of their drafting and using their standard terms and conditions of sale of purchase of
goods. This have their illusion of the effective’s incorporations in such terms. There have been
there pre contractual frameworks and use of there different clued to make there limit liability.
This is overviewing to have the considering the provisions commonly in term of founding in the
supply contracts dealing in such as the matter o the specifications, delivery m acceptance’s rice,
payments and retention of tittle. So, the company can be helping out to have their major level of
goods and services have assumed their supplier the supplying he customer directly. So as per the
clause the company can have the special agreements in term of tasking the additional prices
which is having the flagship with the lasts MRI scanners which itself part formed the competitor.
3. The key contract clauses
This have there been written as the legal contracts between the individuals which is considered
as the lawfully binding. This is needed to be signed by there both the parties by each person to
whom the contract has the applications. There is need for the specific terms which is needed to
be agreed by the both parties along with inclusion of the penalties and consequences for the
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braces of contracts which should be the inclusion in term of the languages in the permanent’s
manner. As per he deals of the healthy plc and the supplier company have the inclusion of the
servals level of agreement which is kept in proper consideration along with marinating the
different risk which can have the negative impact of the development of the agreements in
perfect manner.
As per the clause of the conflict or nays term of inconsistence have the requirement of any level
of order specifications to be in corporates with the contracts as the clause will be taking their
precedence’s. This is important to have the note that’s there is the presentence of the conflict
intact will be taking the major consideration o the specification abide in the draft in perfect
manner. there is majorly important to have admiring the important reside in perfect manner so
that’s the agreement can be completed in successful manner.
As per the clause of the interest , the supplier may not be obliged to have the charging the
interest the suppliers, the supplier will be not obliged to have there charging the interest on he
undisputed latest payment as the rate pf 3 % per annuum on the Barclays banks base rates
subsidising there time. On the other hand, clauses which is sustainable remedy for the late
payment as there assemble for the contracts have there in accordance of the sections of their late
payment of the commercial debt. In addition to that’s it have been identified as the one lf
importance loan agreements in term of interest clauses. This have been setting how the interest
and defalcate inserts which tends to calculated and paid by the bowers.
Disputes in the reaction having there all disputes regrading there invoices which is hilling as the
death with the underdo have he customer there withholding the payment of there all in relations
such as disputes which is such as the being resolved. There have been the major price relations
which is disputes as being the being resolved. On the other hand, the customer is the reasonable
opinions as the goods which is not comply with the constructs. with is likely to have there shall b
taskings steps necessary to have erring the such level of compliances.
This have the additional rights with consumer in term of the customer sights an remedies which
are seating the calluses. In addition to that’s there is more level of limiting, restricting their
customer sight and resided under the contracts law in the equity in perfect manner. In addition to
that’s the healthy place have the need to look out there risked if there goods which h is needed to
be passed to the customer on delivery upon the payment of the price .
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Ad per the clause, the payments currency in sterling pound. So, there is need to have the
maintained the best strategy of strategy to look after the devaluation of currency. So it is
impotence’s of the all the forward agreement which is looking to have the development of the
agreements in perfect manner. Any losses suffered by any member of the Customer Group
pursuant to this Contract or the subject matter of it shall be recoverable by the Customer as if the
loss had been suffered by the Customer itself and the Customer shall recover such losses on such
member of the Customer Group's behalf.
Moving to the clause of the this will Aletha inclusions of the inspection an testing as there is
need to have the proper level of supplier inspections, the customer inspection n the non-level of
compliances consequences. As per the this there is need to have their manager of the testing in
the perfect manner as the reasons level of opinions to make the complying of the supplier taking
the much level of there test which is helpful in reduction the risk to the company. So the proper
risk manage of the company, there is the need to have the management of the customer rates and
remedies which is setting there clauses in the terse of the addictions in way of managing there
prejudice , liming and restrictions under the contracts law or equity. This is important to have
the note that’s there is the presentence of the conflict intact will be taking the major
consideration o the specification abide in the draft in perfect manner. there is majorly important
to have admiring the important reside in perfect manner so that’s the agreement can be
completed in successful manner (Savelyev, 2017).
As the subjects of the non-excludable labiality the supplier don’t have the liability in term of
there tort , negligence , breach and statuary suttee duty or otherwise for loss of profit, revenue,
use, anticipated savings, goodwill, reputation or opportunity, financial or other economic loss, in
each case whether direct or indirect, or any indirect or consequential loss or damage, costs or
expenses whatsoever or howsoever arising out of or in connection with this Contract. As the
term of the atolls level of agrees liability have the taking the supplier arising out in way of
limitations in team of managing the contracts or the breach of the statuary duty in perfect
manner.
The company have the celery managing their furious losses by having the implication that’s the
Without prejudice to any other rights and remedies the Customer may have pursuant to this
Contract or at law, the Supplier acknowledges that this Contract is for the benefit of the
Customer and the Customer Group. The Supplier agrees that if it fails to meet its obligations
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pursuant to this Contract then the Customer and/or any member of the Customer Group may
suffer losses. This is important to have the note that’s there is the presentence of the conflict
intact will be taking the major consideration o the specification abide in the draft in perfect
manner. there is majorly important to have admiring the important reside in perfect manner so
that’s the agreement can be completed in successful manner.
There is need to have the maintenance of the proper level of maintaining the proper level of
confidentially as there all the information tends to be given by the customer as this have the
inclusion without any level of limitations. As per the company it has been stated as the decision
there avenge the purses on the way of proper indentations without having proper level of concern
in the perfect manner. In addition to that’s the healthy place has the need to look out there risked
if there goods which h is needed to be passed to the customer on delivery upon the payment of
the price. Moving to the clause of duration have the commencing the start level of data which is
automatically have the termination of notices without looking the expiry dates. on the other hand
the company have the saving of termination as on the ninety days to the supplier with the
minimum there term within a period of 30 days of receipt of such notice giving full particulars of
the breach (Zhang and et.al., 2016).
4 Amendments and recommendations for the clause
There are many reasons which give rise to conflict of interest such as it can be over the issues of
recruitment and selection, appointment of employees for their interview or decisions that are
related with the hiring of employees. Each member in the business has to engage in a timely
manner so that they can assess their interest with another venture that are dealing in the market.
This way they can work under the guidelines provided to them. Other clause that the company
needs to keep in mind is interest clause mostly it is charged on the loan taken by the firm but in
the case of company suppliers are charging it because of their late payments which will affect the
profit margins of the company (De Stefano, 2019). In order to resolve this cause they can make
timely payments or maintain the relationship with suppliers. Over many topics parties involved
in the line of business can engage in disputes that is why there is a clause for that which ensures
and forms a contract to resolve the issue. This is gaining demand because it is required the most
in the sector of commercial. This way they will be able to resolve their issues over the invoice. If
clause is not formed for the non compliance then there will be consequences which can affect the
rate at which business maintains their operations. With the help of this clause they will be able to
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protect their business from many factors such as penalties, goodwill of the company and audits
that have not been filed. The clause of rights in addition is mentioned under the clause of section
6 which are clearly worked as addition not as a substitution. Also it varies from time to time,
there is a agent involved in this clause which is an collateral agent that can help the company to
solve the matter because it works as a remedy. Another clause is the exclusive liability which
excludes the company from their liabilities for a certain period of time but it clearly states that
supplier of the business must not be liable to the customer so that their is no breach of contract
and company can maintain their operations of business in a smooth manner (Jung and Krebs,
2019).
5 The further information’s internally the healthy PLC form the MDIQUIP
There med quip has been the supplies medical equipment in preterm of the proving there
maintenances services for the equipment supplies. In addition, the later film has there providing
the both equipment’s which is 30 % less as per another competition. In order to that’s the firm is
proving the maintains services for the minimum of 2 years. As per the case study, there have
been there summarises the consideration over manner of their drafting and using their standard
terms and conditions of sale of purchase of goods. This have their illusion of the effective’s
incorporations in such terms. Clauses which is sustainable remedy for the late payment as there
assemble for the contracts have there in accordance of the sections of their late payment of the
commercial debt. On the other hand, the customer is the reasonable opinions as the goods which
is not comply with the constructs. with is likely to have there shall b taskings steps necessary to
have erring the such level of compliances. There is need to have the maintenance of the proper
level of maintaining the proper level of confidentially as there all the information tends to be
given by the customer as this have the inclusion without any level of limitations (Novakova,
2017)
CONCLUSION
From the above file, it can be considered as , it has been sated as the healthy plc is there public
company have providing of clinic across there UK having the providence of the medical services
to the public which have the inclusion of the diagnostic tests such as blood tests, CT scans and
MRIs. There have been there summarises the consideration over manner of their drafting and
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using their standard terms and conditions of sale of purchase of goods. The company can be
helping out to have their major level of goods and services have assumed their supplier the
supplying he customer directly. The customer is the reasonable opinions as the goods which is
not comply with the constructs. with is likely to have there shall b taskings steps necessary to
have erring the such level of compliances. As the term of the atolls level of agrees liability have
the taking the supplier arising out in way of limitations in team of managing the contracts or the
breach of the statuary duty in perfect manner. Moving to the clause of duration have the
commencing the start level of data which is automatically have the termination of notices
without looking the expiry dates
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REFERENCES
Books and Journals
Online
Dawar, K., Haider, A. and Green, A., 2019. Climate change and trade agreements: friends or
foes?.
De Stefano, V., 2019. ‘Negotiating the Algorithm’: Automation, Artificial Intelligence and
Labour Protection. Artificial Intelligence and Labour Protection (May 16, 2018).
Comparative Labor Law & Policy Journal, 41(1).
Ebell, M., 2016. Assessing the impact of trade agreements on trade. National Institute Economic
Review, 238(1), pp.R31-R42.
Fiorini, M. and Hoekman, B., 2018. Trade agreements, regulatory institutions and services
liberalization. Global policy, 9(4), pp.441-450.
Jung, S. and Krebs, P., 2019. The Essentials of Contract Negotiation. Springer.
Li, C., Wang, J. and Whalley, J., 2017. China’s regional and bilateral trade agreements. In THE
ECONOMIES OF CHINA AND INDIA Cooperation and Conflict: Volume 1: China and
India—The International Context and Economic Growth, Manufacturing Performance and
Rural Development (pp. 175-194).
Maertens, S. and Grimme, W., 2019. Traffic impacts of EU horizontal air service agreements.
Transportation Research Procedia, 37, pp.290-297.
Novakova, T., 2017. Should Law Interfere with Failed Negotiations: Notes on Economic
Analysis of Pre-Contractual Reliance. Common L. Rev., 14, p.29.
Savelyev, A., 2017. Contract law 2.0:‘Smart’contracts as the beginning of the end of classic
contract law. Information & Communications Technology Law, 26(2), pp.116-134.
Williams, B., 2019. Not In My Backyard: The Participation of Local Governments in Federal
Immigration Detention Through Intergovernmental Service Agreements.
Yamaguchi, S., 2020. Greening regional trade agreements: Subsidies related to energy and
environmental goods.
Zhang, S.B., and et.al., 2016. Influence of trust and contract on dispute negotiation behavioral
strategy in construction subcontracting. Journal of Management in Engineering, 32(4),
p.04016001.
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