交通工程视听说英语教程录音材料第二单元.doc
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1、ScriptUnit 2 Contract NegotiationPre-listening ActivitiesBusiness Contract Basics Important Points to Remember When Putting Together a ContractIf you spend enough time dealing with customers, you will at some point have to deal with the contracts related to the service you provide to those customers
2、.At first, contracts can be intimidating, but like most things in life want to get a better practice, you will be better at dealing with these agreements. The following slides wont teach you to be a lawyer, but they will provide you some real world insights that will help you when it comes time to d
3、eal with the contract. You wont believe how many contracts I have seen come across my desk, but did not have the proper signatures. What I mean by the proper signatures is that the client who is getting the product or the service has signed the contract, and the person that is supplying that product
4、 or service has also sign the same contract. You have to have both signatures on the same document in order for it to be a contract. A lot of smart contracts now have this wording below the signature line: authority to bind the company. This wording serves as a reminder to the person who was actuall
5、y signing the contract that they must have the authority to commit to the terms of the contract that they were about to sign. Basically the client by signing it says, yes, “I can pay for this product or service that Im about to receive”, and then subsequently the company representative is also sayin
6、g, “Yes, I can deliver the product or the service as its outlined” in the contract. All contracts should have these basic elements:Number one: A start dateWhen are you going to deliver the product or the service? Number two: Contract lengthThis can be any duration of time from a day, a week, a month
7、, seven months or even four years. Number three: Details of the product or serviceThis item can never have enough detail. The goal here is to make sure both parties know exactly what is to be done in the contract right down to the finest details. It is important to make sure everyones expectations a
8、re absolutely crystal clear. Number four: Prices Yes, it is important to list out the price you are charging for the service for the part that you are selling. Making sure that contract details what is included is just as important as to what is not included in the price. When you think price, think
9、 number of units, value, frequency and any and all discounts, and for how long that price will be in effect you may want to offer discounts are increases in your price if certain conditions apply such as a customer who buys more than expected or less than agreed to. Keep these options open because y
10、ou never know what will happen in the future.Number five: Payment termsIn the old days when business was a local exchange of goods and services, payment terms are paid much cash when you bought or received the product or service. As business became more international, it became inconvenient to pay c
11、ash, for say, shipload of iron ore, so payment terms became part of the contract. Payment terms and sure there is a timely balance between the delivery of the service to the payment for such service. Some companies can afford to extend payment terms for bigger deals but some need to be paid immediat
12、ely. When you are negotiating payment terms, ensure you can afford to terms you agree to, otherwise you may find yourself overextended credit wise and not be able to afford to pay your employees or other key providers.Number six: Mailing addresses.In your contract make sure you have the mailing addr
13、esses of that person who signed the contract and the mailing address and name of the person or department you were to send the invoices to. Same applies if youre getting paid make sure your customer knows where to send the checked, either way you will save a lot of time in minimizing confusion, if y
14、oure at this to the contract . Number seven: Approved signatures.Now were going over this again but this is simple. Make sure the people who signed the contract have the authority to commit to the terms of the contract when in doubt, ask for proof. Dont wrist disappointment or extra cost because you
15、 didnt do this step. When it comes to contracts and promises, the only valid promise is a promise that is written into the contract.While-listening ActivitiesVideo OneBusiness Contract Basics: Important Points to Remember When Putting Together a ContractEverything else is simple words, unspoken word
16、s are not binding, which they were, but that is not the case. So the contractors say we will pick up and dispose of all access material, get it in writing, if the client says we will give you more business, and if you deliver on time, have them put that in writing. It is easy to believe or have fait
17、h in the other party when youre negotiating a contract. You want to take their word for everyone who has good intentions, but situations change, people change. To ensure everyone remembers what they promised by putting it in writing and incorporating it into the contract. It is natural that a contra
18、ct will call back and forth between your company and your client, is each party fine tunes what they will agree to and what they want change or adjusted in the contract. Electronically written contracts for document can be adjusted and or altered without the other party being told or being aware of
19、it. Electronically written contracts or documents can be adjusted and or altered without the other party being told, or even being aware, you can get around redline in Word documents, like it or not, its a fact. So you have to guard against this practice by reviewing the redline contracts that come
20、back to you. Most people will concentrate their attention on the sections that have been redlined, but it is always good practices to scan the rest of a document to ensure nothing else has changed. One quick and easy way to do this is to first ensure that you have the same number of pages in the con
21、tract. Secondly you can scan a contract by looking for the same words at the beginning and ends of each line, and comparing them to the original and the red-lined version. As you can see in this example the words any and against appear on the 3rd in eight lines as in the original, also we have ballp
22、oint A through D in both copies, she can be pretty sure that this section on the contract has not been altered. If that section had words added or removed and the words were not line up the same way, this would be RBS with gas pressure fun changes as well.Every contract will have some changes made t
23、o it, when it does, both parties must agree to those changes. The changes need to be initiated by both parties or the change is not deemed accepted into the contract. This procedure also stops one party from making changes after the contract has been signed and ensures the integrity other contract p
24、rocess.It is a good idea to actually write such a clause into your contract to ensure that both parties understand that all changes have to be mutually agreed to. One would think this is an obvious lie, but reality has taught me quite differently. Here is a scenario to consider. John works for a sof
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