Oct 18, 2013

ERP Agreements (Article.3)



ERP Agreements (Article.3)


There are clauses must be in any contract are as the following:
Description clause, Delivery and Acceptance clause, Grant of Rights clause, Subsidiary Rights clause, Advance clause, Royalties clause, Out-of-Print/Termination clause, and Duty to Publish clause.

But the ERP is a Contract for the custom development (service) and supply of solutions/applications and these are contracts in which a seller promises to build a customized solution to a buyer. It is often a combination of (a) a services contract (development and deployment services), (b) a product supply contract (supply the custom solution developed through the services), and (c) a product contract (the license to use the custom solution).

So the main terms of a custom contract are:
- Price
- Statement of work
- Deliverable
- Assumptions
- Responsibilities
- Estimated schedule

These clauses are in general but when we start to draft the agreement we have to detail these clauses as the following:
1. Scope of Agreement
2. Professional Services
3. Terms of payment
4. Rights of the first party
5. Rights of the second party
6. Obligations the first party
7. Obligations the second party
8. Termination
9. Consequences of Agreement Termination
10. Governing Law
11. Force Majeure
12. Annex to the Agreement
13. Settlement of Disputes
14. Language
15. Office and Notices
16. Effective Date of the Agreement
17. Confidentiality
18. Mutual Covenants
19. Work permit
20. Warranty and disclaimer
21. remedies/liabilities
22. Counterparts


In the next article Will talk about each item in a individually article.
Thanks and see you soon Insha-Allah.

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