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(Solution) CIPS Module 3 Concept of the “Battle of the Forms”

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Battle of the forms concept in contracts management is noted to “occur when organisations and a supplier having their unique terms and conditions which are different in various clauses” (Lexis, 2024). A case study organisation is provided in the CIPS Module notes of a negotiation and procurement relationship involving Butler Machine and Ex-Cell 0 which happened in 1979. A common agreement was made for supply of machines using the supplier standard teams. The area of misunderstanding in the contract was in regard to honouring the costs where the conflict headed upto court of law successfully. In managing the battle of the forms, the contract terms and conditions note that;

The terms and conditions highlight that being the buyer, ROSHN is at all times ready in managing any instance where the suppliers fails in embracing the contract terms and conditions. This is by understanding the role of the terms and conditions and align their PS&M in line with these terms and conditions.

Further, for ROSHN terms and conditions which are in place and actively being used, their management is best achieved by aligning this with KSA laws and all stakeholde3rs relations. The rationale of this us to make sure any conflict which emerge are through coordination successfully managed. At the stage of implementing the contract successfully, terms and conditions are prioritised with purchase order which highlight the entire requir3ements to be put into account. At the implementation of the contract stage, all the terms and conditions are in mutual agreement and understanding for all stakeholders positive relations.  Hence, the contracts are successfully harmonised with any misunderstanding successfully managed to the benefit of the buyer and all the other stakeholders with success.

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This report has focused on the terms and conditions developed in QRC and their importance in sourcing noted. The terms and conditions identified are used in sourcing for secondment services by QRC as part of their operations in Qatar Railway sector. The focus is on the success of the terms and conditions in ensuring risk of poor quality achieved, time extension, costs increase and unethical strategies. Additionally, part of this research has focused on evaluating the performance measures monitoring process and management by use of terms and conditions which have been identified and summarised. The different terms and conditions as evidenced in appendix section are detailed and holistic. This is with battle of the forms being embraced to come up with common agreement based on terms and conditions set. The use of the identified terms and conditions in QRC are informed by need for use of various resources, ordering process, risks management and demands specified. The main findings in this report highlight the different terms and conditions as holistic to ensure high-level quality services provided by QRC organisation. This is at the same time making sure supply strategy is on-time and ethical sourcing pursued. This is in terms and conditions applied in resolving challenges with performance and monitoring success levels. The key findings in this report similarly highlight that the different terms and conditions are used in resolving performance challenges owing to differences in their representation. This has been identified to be regarded as battle of the forms. The main findings is that before the process of negotiation is initiated, it is essential to benchmark to identify their core differences. The different findings in this report have been obtained by using different tools and techniques in line with the CIPS Module Notes. These key findings informed on the following recommendations;
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  • In conclusion, this assessment has focused on developing an evaluation of the contractual terms and impact on power distribution in Abu Dhabi National Oil Company (ADNOC)  and risk of supplier and organisation has been evaluated.
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