How to identify parties to project procurement contract

How to identify parties to project procurement contract

For the Starbucks Company, the parties to a procurement project contract are identified through the use of the following:

1. Complete legal names
2. The office addresses provided when signing the contract- the addresses must be registered.

• The incorporation number of an organization

1. The country of incorporation

However, when it is a sole proprietor, then such parties can be recognized through the use of the items listed below:

1. Trading names
2. The full name of the concerned person

• The present address of the party concerned

In case the management needs to identify other distinguishing features, then issues like passport and ID numbers can be used as unique identifiers.  Most of the smaller partnerships are similarly recognized in the same manner just like sole traders. However, information concerning each partner has to be extracted.

In most cases, the more significant partnerships and organizational procurement team might wish to establish one or preferably two partners.  The limited companies are expected to produce complete names plus the registration number to be awarded any tender by the Starbucks. It is believed that firms can change their names. However, it is hard for their registration numbers to be replaced.

What is the purpose of the contract? Are there any stated assumptions?

The purpose of the contract was to outline goods and services which the Starbucks needed to be offered by other firms. The company required the supplies of coffee, which is the essential product used in the production of its final products. Similarly, Starbucks needed the designers of software which could ease the operation of workers at the production unit. The company advertised these procurement contracts on their website, and all the applicants were welcomed to submit their applications. There were some of the restrictions and assumptions:

1. The suppliers had to negotiate with project managers for the product prices
2. The suppliers must deliver their tender documents personal
3. The projects managers are supposed to solicit bids from different vendors when it comes to acquiring items.
4. The purchasing agreements must be set up when it comes to starting acquiring commodities and services from qualified contractors.
5. The procurement contract committee composed to choose the appropriate person best fit for the tender.

How is the work described?

The contract had offer and acceptance.  The contending parties are needed to reach mutual agreements in terms of prices at which the products and services would be offered. There is an invitation treat which shows that both parties are willing to take part in the negotiations to meet a particular deal. All these arose from the contract advertisement which appeared on the company’s website. The validity of the contract was made by electronic signature appended on the document.

What are the deliverables, and when are they due?

Deliverables are items made to be delivered to the company as captured in order as regards to the services to be procured. These include reports, specifications, data information, designs, studies, instructions, analysis, training materials, samples, recipes, graphics, concepts, logos, computer programs, and prints among others (Gupta, Nagpal & Malik, 2018). Starbucks is bound to accept all deliverables created and developed and most importantly delivered within the specifications statutory agreements made as well as the due dates laid down in the order form. Typically, the order dates are due within ten business working days as agreed upon on the order application

What is the pricing model, payment schedule and payment terms?

The agreement informs Starbucks pricing model in the order form. However, this can also be done in the application order. Prices in the order comprise of the tariffs, taxes, surcharges, fees and any other amount that may be accrued by the city council regarding the products and services in the region. Starbucks will reserve the right to modify or change the purchase price before the agreement entered between the parties. Upon the correct receivership of the invoices and other supporting documents such as delivery notes and custom duty receipts as it appears on order, the payment process kicks off with earnest. The payment schedule is done within 60days, not unless it appears in the application order. The seller’s invoice must be addressed accordingly as agreed. Any additional information required in the invoice is captured in the supplier Guidance manual made currently by Starbucks, otherwise known as Invoice Detail Minimum Data Required.

What are the duties and rights of each party?

Starbucks constitutes parties who not only enjoy the rights of the company as stipulated in the party agreement but also have duties that they are mandated to perform. The following are the main parties in the Starbucks Company: supplies, customers, employees, investors, environment, and governments. Duties include: setting forth policies that govern the purchasing of products and services, making prompt payments to the sellers upon having satisfied their invoices. Suppliers have the sole duty to increase yields from the coffee that will generate revenue to the firm. Starbucks parties have the right to terminate the contract in case they feel dissatisfied.

Additionally, suppliers for an instant have the right to compensation from the company. On the other hand, investors have the right to see the financial performance of the company grow tremendously. They would love to see its expansion plans going global as it domineers in the coffee industry. They subsequently satisfied their interest. Customers who are the primary consumers of Starbucks product do have a right to be supplied by goods befitting their needs. The highest level of quality services and products must be produced at all cost to keep them rooted in the organization.

What are the terms and conditions?

Ideally, a party’s rights would enhance cohesion and tranquillity between them and the company. However, so that right may not be used as a scapegoat to vices that May Crip in, specific terms and conditions have to be exercised (Koojaroenprasit, 2018).

1. Eligibility: the sites are not to be accessed and used by persons under the age of 13. That said, any user between the ages of 13 to 18 may only use the sites under the guidance of parent or guardian.
2. Trademarks, copyright and user license: all items including graphics, data, sound files and any other materials are the property of Starbucks and therefore not subject to duplication. They are protected by the international copyright statutory laws and the U.S.
3. Acceptable use: sites users are limited to providing information that is only useful to the company together with its parties. Conversely, those using these sites to peddle lies, harass, abuse or even manipulate the system for their selfish interests will be committing crime tantamount to being prosecuted.

Liability and indemnification clauses

Sometimes the sellers’ actions and especially the conditions of the product may prompt Starbucks to initiate the withdrawal process of its goods recall or suspend its distribution to the market. In this case, the seller will be held accountable if; The public raises concerns about its safety and the potential risk it possesses to the users, and if Starbucks foresees that the product in question will adversely affect its goodwill associated with the Marks. As stipulated in the agreement clauses, the seller shall defend indemnify and not hold into account the firm or its other parties when the following elements are purportedly done (Shirdastian, Laroche & Richard, 2019):

1. When the seller breaches the agreement between him and Starbucks
2. When there are claims of under performances, injuries or deaths caused by the products, or property damages.
3. Whenever there is a dispute arising between the seller and the vendor.
4. When there is seen to be an infringement of intellectual property rights of third party’s products and services.

Under this agreement, all attorney’s fees are to be paid, which might have emanated from defending and prosecuting any claim by the aggrieved party.

Ownership of intellectual property

The seller is bound to acknowledge that all rights of intellectual property of Starbucks and Marks exclusively belongs to the company and will not in any way be acquired.  Additionally, confidential information will not be contested in any spectrum (Liu & Gui, 2017).

Disclaimers

The agreement made between the firm and the parties may not be modified or altered except when put in writing and well authorized by a representative from the Starbucks. Any other document that is not slowly recognized by the organization accompanying the invoice will not be accepted. The procurement contact form downloaded from the company’s website remains the property of Starbuck and can never be used whatsoever by any other firm for a similar purpose.

Other terms and conditions

Starbucks has the right to revise amend and updates these purchase terms and conditions within its own convenient time. Subsequently, the seller will be furnished with a written notice justifying this move. It will, therefore, made effective whenever the seller gets the copy which will then be accessible at the Starbucks website. From the tender contract, the suppliers are required to deposit $500 to make their papers reviewed. The money is refundable, and all those who tendered their bids shall get their money back irrespective of whether they qualified or not. All those who applied to be considered are expected to be present when opening the tender letters.

References

Koojaroenprasit, S. (2018). Services Marketing Mix of Starbucks Coffee in Bangkok, Thailand. Asian S

Shirdastian, H., Laroche, M., & Richard, M. O. (2019). Using big data analytics to study brand authenticity sentiments: The case of Starbucks on Twitter. International Journal of Information Management, 48, 291-307.social Science, 14(9).

Gupta, P., Nagpal, A., & Malik, D. (2018). Starbucks: global brand in emerging markets. Emerald Emerging Markets Case Studies.

Liu, Y., & Gui, P. (2017). An Analysis of the Problems and Countermeasures in the Application of Experiential Marketing-A Case Study of Starbucks. In 7th International Conference on Education, Management, Information and Mechanical Engineering (EMIM 2017). Atlantis Press.