The contract review method is a logical study that anticipates contract hazards and assesses the contract’s viability and enforceability.
The contract review procedure is not something to be taken lightly. It is a logical analysis that anticipates contract hazards, assesses contract feasibility and enforceability, and explains contract-related facts.
One of the most critical elements in the sales process is legal assessment. It entails a great deal of back and forth between members of the legal, sales, and security departments.
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Risk Management
The contract review procedure is carried out to reduce risk. It avoids difficulties by anticipating and avoiding contract-related concerns, as well as lowering commercial, financial capital, and legal risks.
Because contracts are so important in an enterprise’s operations, management, and commercial activities, the contract review process has an influence on and decides the enterprise’s interests and rights.
Contract evaluation is separated into the following categories:
Prior and subsequent review
Operation and legal scrutiny
Formal and substantive evaluation.
A formal review includes the following steps:
Examine the subject matter.
Review of general knowledge
Examine qualifications.
Examine contractual capability and trustworthiness.
A meaningful review considers the following:
Subject.
Quantity.
Commodity.
Term of Lease
Application.
Product inspection and quality control.
Payment and rent.
Transportation and delivery.
Packaging.
Acceptance of delivery and quality inspection
The procedures, timeline, and confirmation of inspection and acceptance, as well as the consequences for failure, must be specified.
The following factors are also considered throughout the evaluation process:
Redelivery.
Preservation and upkeep.
Clause of confidentiality.
Relentlessness, as well as the disposal of the leasehold at its expiry.
Advance-deposit provision.
Deposit cap.
Rights to intellectual property
Payment for enrollment.
Contractual obligation has been breached.
Dispute resolution.
Method of resolving disputes.
Choosing a law court.
Contract termination, cancellation, and amendment
Signature and seal required.
Signatories (Authorization).
The connection between a seal and a signature.
Each clause in the contract’s terms determines the contractual parties’ responsibilities and rights. As a result, a careful examination of the contract’s stipulations is critical.
Clause of Force Majeure
Because contract fulfilment is a continual process, signing the contract does not indicate the end of the process. After the contract is executed, the contractual parties should engage in contract management and contract performance monitoring, particularly in the following areas:
Original contract papers are being archived.
Following up on contract completion.
Creating a structure for project governance and oversight, as well as an early warning system.
Keeping track of evidence relating to the performance of contractual commitments.
It is better if contract paperwork are submitted for review as soon as feasible. A complete review procedure takes a significant amount of time, particularly when dealing with complicated agreements with huge corporations.
A checklist should be used while examining a contract.
Read the Entire Contract
Although you do not need to understand all of the legalese, you should be able to determine if the contract’s provisions truly represent the agreement you made and whether there are any commitments that you or your organisation are unwilling or unable to fulfil.
Fill in the Gaps
Review the contract and fill in any gaps with correct and up-to-date information, whether it’s a description of the services you’re intended to deliver or the annual rates to be charged. If you’re intended to perform a service or deliver a product, make sure you fully define the service or product.
You may now email the contract to your attorney for a preliminary review. Discuss recommended revisions with the other contractual party and request that the changes be made. Once the revisions have been entered and evaluated, send the contract to the client for approval.
You should deliver the original contract paper to the company’s office and save a copy of the signed contract in your archives.
If you wish to terminate a contract before its expiry date or cancel an agreement with auto-renewal clauses, request that the other contractual party evaluate the terms of the agreement and confirm compliance. This reduces the risk of liability associated with non-renewal or early termination.
Keep in mind that the expense of a badly constructed, unfair, or confusing contract far surpasses the cost of engaging an attorney. To minimise future disagreements and concerns, it is essential to employ an attorney from the start to create and evaluate the contract conditions.