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NEW QUESTION 43 A procurement professional is preparing a sale & purchase contract of a machinery. Which of the following clauses should be added to the contract? Select TWO that apply

• A. Supplier selection mechanism
• B. Guarantees
• C. Period of hire
• D. Ratio decidendi
• E. Insurance requirements

Answer: B,E Explanation: The complexity of the contract will reflect the complexity of the purchase. For simple, low-value purchases, standard terms and conditions may be all that is required, but do not assume that just because the purchase is one-off, the contract will be simple. It may still need to cover the following areas: - Warranties and guarantees if the one-off purchase has a considerable life-span and is business-critical (e.g., a back-up generator for the office which houses the national computer servers). - Insurance requirements: including professional indemnity, public/products liability, employer's liability, and cover for any specific risks such as pollution or working at height. - Specification requirements on quality, timing and delivery - Minimum quality standards on the business operation (e.g., a catering provider might only be providing sandwiches for a team meeting lunch, but you still need to know its hygiene practices). - Built-in change process for any goods or services that are beyond very simple (e.g., works contracts always have variations procedures because of the unpredictable nature of such projects). - Ability to extend the scope of the contract should be minimal or none, and restrained to the single requirement. - Ability to extend the duration of the contract should be limited to the ability to accommodate unexpected time overruns (which itself should be subject to a damages/penalty provision where they are attributable to the supplier, and an extension to overheads costs where they are attributable to the purchaser). - Data security protocols need to be considered if personal data is being shared. Reference: LO 1, AC 1.3   NEW QUESTION 44 A senior buyer is preparing specification for the next purchase. He intends to embed social and environmental criteria that align with his organisation's overarching strategy. Which of the following provides the social and environmental objectives that an organisation pursues?

• A. Economy of scale
• B. Organisation's CSR policies
• C. Procurement Systems and Technology
• D. Economic performance

Answer: B Explanation: The organisation should have an overarching strategies or policies which sets out the social and environmental objectives to be pursued via procurement and the supply chain generally. Some of these will be about the specification, but that must be tied in other aspects of the sourcing strategy. These objectives, policies and strategies can be found in corporate social responsibility policy. Reference: LO 2, AC 2.1   NEW QUESTION 45 Which of the following is the most suitable model contract for car lift manufacturing?

• A. CIPS
• B. ITC
• C. IMechE/IET
• D. FIDIC

Answer: C Explanation: IMechE/IET: Institution of Mechanical Engineers/Institution of Engineering and Technology - two separate institutes that issue jointly agreed model forms covering the design, supply and installation of electrical, electronic and mechanical plant including special conditions for the ancillary development of software. Car lifts are mechanical products, so IMechE/IET is the most suitable model contract for this type of product. FIDIC is a French language acronym for Federation Internationale Des Ingenieurs-Conseils, which means the international federation of consulting engineers. It was started in 1913 by the trio of France, Belgium and Switzerland. The United Kingdom joined the Federation in 1949. FIDIC is headquartered in Switzerland and now boasts of membership from over 60 different countries. FIDIC published its first contract, titled The Form of contract for works of Civil Engineering construction, in 1957. As the title indicated, this first contract was aimed at the Civil Engineering sector and it soon became known for the colour of its cover, and thus, The Red Book. It has become the tradition that FIDIC contracts are known in popular parlance by the colour of their cover. This first contract by FIDIC was undertaken jointly with the International federation of Building and Public works. FIDIC's concerted effort at achieving broad consultation and acceptance of its contract forms has seen subsequent editions of its contracts being ratified by the International Federation of Asian and Western Pacific Contractors Association, Associated General Contractors of America and the Inter-American Federation of the Construction Industry, Multilateral Development Banks among others. Because of the broad support it enjoys, FIDIC contracts are the foremost contracts in international construction. The Chartered Institute of Procurement and Supply (CIPS) has some model contracts for IT functions including: supply and installation of computer equipment, support and maintenance of bespoke software, servicing of computer equipment,... The International Trade Centre (ITC) produces contracts specifically designed for small companies doing international business, covering the sale of goods, distribution, services and joint ventures. Reference: LO 3, AC 3.1   NEW QUESTION 46 A procurement manager is setting KPIs measurement for user satisfaction. He also wants to encourage users to share the reason why they feel the way they do. Which of the following types of KPI should the procurement manager apply?

• A. Numerical measure
• B. Qualitative assessment
• C. Quantitative measure
• D. Binary measure

Answer: B Explanation: There are 3 types of KPI measure: - Binary KPIs - Quantitative KPIs (or numerical) - Qualitative KPIs User satisfaction is subjective, therefore, using qualitative assessment is the best answer. Reference: LO 2, AC 2.2   NEW QUESTION 47 Which of the following is a true statement on express and implied terms?

• A. Express terms always take precedent over implied terms
• B. Implied terms may derive from oral negotiations
• C. Express terms must be prepared by the party with expert knowledge
• D. Express terms must always be in writing

Answer: B Explanation: Express terms are the terms of the agreement which are expressly agreed between the parties. Ideally, they will be written down in a contract between the parties but where the contract is agreed verbally, they will be the terms discussed and agreed between the parties. Implied terms are terms implied into the contract by the courts. They are not expressly set out in the contract but are taken to be as effective as if they were and as if they had been included from day one of the contract. The express terms and any implied terms together create the legally binding obligations on the parties. The types of express terms to be found in a contract are many and varied and will depend on the type of contract. Any term written into the contract is an express term and may refer to price, time scales, warranties and indemnities, limitations on liability, conditions precedent and so on. An implied term is a term which the courts imply into a contract because it has not been expressly included by the parties. This may be because the parties did not consider it, did not think that any problem would arise in relation to it or simply omitted to include it. The courts are very reluctant to imply terms into contracts and will only do so in the following circumstances: 1. terms implied under statute 2. terms implied under common law 3. terms implied because of custom or usage 4. terms implied due to previous dealings 5. terms implied 'in fact' or to reflect the parties' intentions Reference: - CIPS study guide page 126-132 - Contracts: Express and Implied Terms LO 3, AC 3.1   NEW QUESTION 48 ......