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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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Executive Summary The significance of the set of terms and conditions chosen from XXX organisation has been assessed in relation to its impact on the organisation. This pertains to the domains of potential hazards related to subpar quality, time delays, escalated expenses, and unethical conduct in effective administration. In addition, the monitoring and administration of essential performance measures have been taken into consideration by utilising the selected terms and conditions. The terms and conditions can be found in appendix 1 of this report. Ultimately, the concept of "battle of the forms" has been chosen as the most effective approach to reaching a mutual agreement that aligns with an organisation's own terms and conditions. The terms and conditions selected in XXX are utilised in the General Conditions of Purchase, which are standardised T&Cs employed in procuring services for the organization. This applies regardless of the quantity of resources utilised in the order, the associated risks, and the specific requirements. The findings in this report demonstrate that their terms and conditions are successful in guaranteeing the provision of high-quality services to XXX. This involves improving the supply process in a timely manner while ensuring that ethical considerations are properly addressed. An optimal approach also includes utilising these terms and conditions to address performance concerns and assess progress. In order to address the issue of conflicting terms and conditions in the "battle of the forms," the terms and conditions of various suppliers are compared and analysed beforehand to ensure that they are aligned and consistent. In order to fulfill the desired objective of the report, many analytical methods such as the Mendelow Matrix, risk register, contract management cycle, and assessment of the value and impact of vulnerability and risks were employed, following the guidance provided by the CIPS Module Notes. Based on the results and conclusions, several recommendations might be derived. These include:
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