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14 pages/≈3850 words
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Level:
Harvard
Subject:
Business & Marketing
Type:
Thesis
Language:
English (U.K.)
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Topic:

Contract for Managing Director of Tesco Company (Thesis Sample)

Instructions:

Writing a business contract between two companies and explaining the process and terms of the contract as per the UK law

source..
Content:

Contract for managing director of Tesco Company
Name
Foundation Course
Tutor
Date
1.1
Everything obliges a couple of principles that when followed should make it a something worthwhile. Therefore to ensure that a valid contract is put in place, there are similarly a couple of guidelines to be taken into account in the midst of making it worth the attempt. This is to ensure that any party to the contract
The crucial benchmarks that should be trailed to make good contract agreement simultaneousness with a potential customer are as below-
Offer and acknowledgement
There must be a legitimate offer and a lawful acknowledgement in light of the offer as submitted by the other party. The modifier lawful indicates that the offer and acknowledgement must be in with the principles as laid down in the contract legislation.
Desire to make a legitimate association
Notably, this principle is by far the very first doctrine that makes it a formal and valid and binding agreement on a contractual basis. Both parties involved in such arrangements should at all times display a clear conscious in their intent to have their contracts in place guided by mutual understanding (Atiyah, 2000).
Lawful Consideration
There must be a clear blue thought to the binding contract. The consideration whereupon the two parties involved in the contract agreement to make a valid contract must be authentic and the encroachment of this rule may make consent unlawful.
Capacity of the parties
The concerned parties in the contract arrangement must be in a position of initiating a legal relationship. (Atiyah, 2000). Nonetheless, the parties and individuals involved must exhibit physical, mental and legitimate soundness before the contract is signed.
Free consent
Both parties in the contract permit to the creation of the contract agreement devoid of any form of intimidation, coercion nor pressure from any quarters.
Here are some of the guiding principles;
•Legality of the initiation
•The object of the contract must confirm to legality.
•Certainty
• All the spelt out terms and conditions should be clearly articulated and should display some form of certainty.
1.2
Any legal contract has unique provisions and conditions. These provisions and conditions give a contract a complete structure. Lest one goes into making a contract, diverse statements are frequently made by one party to engage or brief the other to sign the contract (Atiyah, 2000). At times, a dispute may later develop as to which of the proclamations made should be seen as a part. Of the agreement, and which should be taken as just pre-contract talk, subsequently not a part or term of the understanding. Social events to an agreement are bound just by its terms, not by any periphery clarifications that may have been made (Atiyah, 2000).
The legal terms of the contract are as below-
Collateral contracts
The above is a substitute that is meant to offer the support of the essential contract agreement. A couple of less important yet crucial terms are joined in this term of the agreement.
Terms may be conditions or insurances
Of course, there may be differing terms in a legal contract. These may be made or said terms. There may be other two sorts of terms in the legal contract. Some are defined as conditions that are fundamental to the social occasions of the contractual agreement (Atiyah, 2000).
Contracts may reliably contain assorted kinds of terms (said or created), some more discriminating than others. The more basic terms are called "conditions," the less vital terms are called "insurances."
Conditions are imperative to the point that without them one or other of the concerned parties would not go into the agreement. Consequently, to make a condition wrongly, or to burst a condition, is seen so really that the wronged party will be fit the bill for having treated the event as void.
1.3
It is necessary for Tesco to include clause in the contract that binds the two parties in case of any negligence. For example, if the producer is not able to meet the quality requirements or is unable to deliver goods in time, it is liable to pay damages to Tesco. Similarly, purchase price should be determined as agreed and the seller is to sell three types of shampoos to the buyer.
Given below are some of the terms in the contract between TESCO and shampoo producer:
* The seller would be held liable in case the products provided are not up to the required quality;
* TESCO can terminate an order with a three day notice without having to bear any sort of liability;
* In case the contract is cancelled by TESCO, any price paid should be fortified;
All these terms are really important as they establish a legally binding relationship between the parties. The first clause mentions that the seller should provide only quality goods to the buyer and would be held liable in case he fails to do so. Also, it is important for the company to spell out the terms for cancellation of contract. This is to ensure that all the terms are mutually agreed by both the parties. For the same reason, a detailed contract has been chalked out below.
2.1
Here we develop a contract between the two parties to ensure that in case of any problems, suitables remedies are applied. A contract is necessary to pursue business in UK and as both the parties i.e. TESCO looking to buy the products from the shampoo company and the shampoo company to sell its product both are required to agree to this following contract.
This is a contract entered into by Tesco Company (that is referred to as "the Client" in this contract ) and shampoo producing company in Liverpool (hereinafter referred to as "the Provider") on this date, 18th of December, 2014.
The Provider's place of business is in Liverpool, and the Tesco Company place of business is Hertfordshire, United Kingdom.
The Client hereby agrees with the Provider to provide three types of shampoos. The Provider hereby agrees to deliver the Client with three types of shampoos in exchange for consideration designated in this under.
CONTRACT FOR BUYING OF GOODS
I.
Subject-matter of the Contract
This contact covers the obligation of the Provider to deliver three types of shampoos hereto Tesco Company. The product will be transported to the client under the terms and contract herein and duties to the client to accept the goods delivered from the provider and pay the agreed price of the purchase.
II.
Sale of Goods
1 The provider hereby agrees to deliver the Client goods specifies as three types of shampoos hereto and in the quantity, quality and in time as specified.
2 The provider will fulfill his obligations to deliver Goods. The client will arrange the means of transports he finds appropriate. The Client will notify the provider of the chosen way of carriage.
3 The Provider shall arrange the loading of Goods, and the Goods shall be packed in a manner that ensures the safety of the goods.
4 The Provider shall deliver the Goods to Client carrier on 8th January 2015during regular working hours (08.00 to 16.00 hours). Provider shall notify Client regarding the delivery of Goods to the carrier by email sent to the email address: tescocompany @tesco.com.
5 Provider shall send the Client documents associated to the Goods within ten days after transfer of Goods and at the Client‘s address set out in herein.
III.Purchase Price
The Client will pay the provider the amount of money as in the invoice and as per the agreed price of the purchase in not more than ten days after the goods are delivered to the client.
IV.
Product Liability
The Provider might be obligated for any absence of similarity in Goods which exists when the danger goes to the Client and which happens within 24 months from the date of conveyance of Goods by the Client's bearer. The Provider announces that the Goods amid a time of two years from the date of accumulation by the Client's transporter will stay fit for the reasons for which the Goods would conventionally be utilized or amid this period will hold determined qualities (hereinafter alluded to as the „warranty Period"
VI.
Exclusion of Liability
The non-performing company should give brief composed notice to the next gathering of the purpose behind its failure to perform and the degree and term of its failure to perform.
VII.
Arbitration clause
All the question coming about because of this understanding or in conjunction with it will be chosen at long last in the mediation technique before one referee from the client side and the provider side.
VIII.
Final Provisions
This Contract might go into implementation and should take the impact on the day when it is executed. This Contract had been made in two copies whereby each one Contracting Party might hold one duplicate each.
The Contracting Parties consents to appreciation the honest to goodness hobbies of the other Party, might direct as per the reason for this Contract and should not neutralize such reason and they should perform all legitimate and different activities that may be significant to achieve the motivation behind this Contract.
Done in Hertfordshire on 18 Dec 2014 Done in Hertfordshire on 18 Dec 2014
……………………………………….. ………………………………………..
Tesco Company. Company in Liverpool
Wattson Matt ...
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