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Procurement

We are experienced in providing advice on procurement arrangements to private and public sector clients both as sellers and buyers of goods and services.  Almost all types of procurement involves a risk allocation exercise between the parties having regard to the subject matter of the supply and the commercial objectives of the parties. In drafting procurement contracts we are wary of relying on standard form terms and conditions of contract and instead focus on key legal issues that underpin reasonable risk allocation and the desired commercial result, such as: delivery of goods and services, passing of title, insurance, terms of payment, security for payment, fitness for purpose & quality warranties, limitation of liability and the exclusion of consequential loss. 

Our expertise includes:

  • Tender reviews
  • Probity advice
  • Supply agreements (plant & equipment)
  • Services agreements
  • Consultancy agreements
  • Standing offer arrangements
  • Outsourcing contracts
  • Project management agreements
  • Personal Property Securities Act 2009  (PPSA) advice
  • Operation and maintenance agreements