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CIPS L4M3 考試大綱：

主題	簡介
主題 1	Risks presented by contracting on suppliers terms or through oral contracts Analyse the content of specifications for procurements
主題 2	Defining contractual performance measures or key performance indicators (KPI) Understand the key clauses that are included informal contracts
主題 3	Compare types of contractual agreements made between customers and suppliers Standardisation of requirements versus increasing the range of products
主題 4	Drafting specifications and developing marketdialogue with suppliers Understand the legal issues that relate to the formation of contracts
主題 5	Analyse contractual terms for contracts that arecreated with external organisations The Vienna Convention on the International Sales of Goods
主題 6	Appraise examples of key performance indicators (KPIs) in contractual agreements Analyse the legal issues that relate to the creation of commercial agreements with customers or suppliers
主題 7	Terms that apply to labour standards and ethical sourcing Including social and environmental criteria inspecifications

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最新的 CIPS Certifications L4M3 免費考試真題 (Q76-Q81):

問題 #76
CISG will be most likely to apply to which of the following transactions?

• A. Sale of electricity
• B. Sale of a ship
• C. Sale of a property
• D. Sale of iron ores

答案：D 解題說明：
Article 2 of CISG states that:
This Convention does not apply to sales:
(a) of goods bought for personal, family or household use, unless the seller, at any time before or at the conclusion of the contract, neither knew nor ought to have known that the goods were bought for any such use; (b) by auction; (c) on execution or otherwise by authority of law; (d) of stocks, shares, investment securities, negotiable instruments or money; (e) of ships, vessels, hovercraft or aircraft; (f) of electricity.
LO 1, AC 1.2
問題 #77
When should liquidated damages clauses be written into a contract?

• A. When the breaching party wants to exclude all its liabilities
• B. When the innocent party wants to punish the breaching party.
• C. When the loss to the innocent party will be either too uncertain or too difficult to calculate.
• D. When the court approves the damages amount before the contract is executed.

答案：C 解題說明：
Liquidated damages are presented in certain legal contracts as an estimate of otherwise intangible or hard-to-define losses to one of the parties. It is a provision that allows for the payment of a specified sum should one of the parties be in breach of contract.
Liquidated damages are meant as a fair representation of losses in situations where actual damages are difficult to ascertain. In general, liquidated damages are meant to be fair, rather than punitive.
Limitations of Liquidated Damages
It is possible that a liquidated damages clause might not be enforced by the courts. This can occur if the monetary amount of liquidated damages cited in the clause is extraordinarily disproportional to the scope of what was affected by the breached contract.
Such limitations prevent a plaintiff from attempting to claim an unsubstantiated exorbitant amount from a defendant. For instance, a plaintiff might not be able to claim liquidated damages that amount to multiples of its gross revenue if the breach only affected a specific portion of its operations. The concept of liquidated damages is framed around compensation related to some harm and injury to the party rather than a fine imposed on the defendant.
The courts typically require that the parties involved make the most reasonable assessment possible for the liquidated damages clause at the time the contract is signed. This can provide a sense of understanding and reassurance of what is at stake if that aspect of the contract is breached. A liquidated damages clause can also give the parties involved a basis to negotiate from for an out-of-court settlement.
Reference:
- Liquidated Damages
- CIPS study guide page 158-159
LO 3, AC 3.2
問題 #78
Which of the following are likely to be advantages of using request for quotation? Select TWO that apply:

• A. Encouraging suppliers to submit creative solutions
• B. No specification required
• C. Helping the buying organisation assess both price and quality
• D. Short turnaround times
• E. Lower administration costs

答案：D,E 解題說明：
One of the advantages of using the RFQ method to procure pricing is that the company making the solicitation does not need to prepare any documentation, as requests are sent out privately. With less paperwork to prepare, turnaround times for quotes are reduced. Administration cost is also lower in compare with other procurement method like ITT or RFP. RFQ is usually used in low value purchase, where buyer knows the detailed specification and the price is the only variable that need to consider.
To use RFQ effectively, the buyer should attach the detailed specification and standard terms & conditions. The RFQ should only be sent to verified suppliers.
Reference:
- What is an RFQ?
- CIPS study guide page 3-4
LO 1, AC 1.1
問題 #79
Which of the following are likely to feature within an outcome-specification?
1. Dimension
2. Performance requirement
3. Input material
4. Product function

• A. 1 and 2 only
• B. 2 and 4 only
• C. 1 and 3 only
• D. 3 and 4 only

答案：B 解題說明：
There are two main types of specification: performance specification and conformance specification (sometimes called prescriptive or technical specifications).
Performance specifications have following features:
- Focus on outputs
- Set out result to be achieved
- The 'what', not the 'how'
- Give supplier flexibility to present solutions that the buyer may not have considered Reference:
LO 1, AC 1.1
問題 #80
Under a price adjustment agreement, which of the following would be supplier's justification for increasing unit price?

• A. Rise in customer's satisfaction
• B. Rise in shares price
• C. Rise in economies of scale
• D. Rise in fuel price

答案：D 解題說明：
Normally in a price adjustment agreement, the supplier is allowed to change price based on an indexation, which is published by a third party (for example, government or exchange market). The selected indices often associate with input materials of supplier. For instance, the plastics manufacturer may adjust their price based on crude oil price as oil is major input of producing plastics. Other suppliers may select different set of indices, such as Producer Perception Index.
In this question, only 'Rise in fuel price' could be a justification for supplier to increase price because:
- It may affect the input material price
- The index is checked and published by an independent third party.
Reference:
LO 3, AC 3.3
問題 #81
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