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International Construction Law Review

EQUIPMENT PROCUREMENT CONTRACTS – MANAGING THE KEY DRIVERS

ANDREW CHEW, PARTNER

Corrs Chambers Westgarth

GEORGINA CROUCH, ASSOCIATE

Corrs Chambers Westgarth

INTRODUCTION

Procuring, updating and efficiently operating equipment and support systems is a crucial, and often complex, aspect of business across a range of industries. Rapid advancements in technology mean there is continual pressure to update equipment and systems to enhance material handling management and reduce operating costs.
Competitive success requires companies to be highly efficient in procuring and operating equipment. Procurement plans need to be long term and have an adaptive life cycle costing approach to contract procurement structures. They should also be flexible to take advantage of technological innovation and upgrades.
For companies and governments, the challenge is to manage the efficiencies and cost of the internal systems, while balancing the inbound and outbound supply chains, as well as keeping surprises out of the warehouse facilities.
This paper focuses on the role of equipment procurement contracts in the logistics process and the key issues in negotiating and drafting these contracts. Part 1 of this paper considers the role of equipment procurement contracts in logistics systems. Part 2 sets out the procurement strategy and common delivery structures for equipment procurement contracts. Part 3 examines some of the key commercial and legal considerations in negotiating, drafting and managing these contracts.

1. EQUIPMENT PROCUREMENT CONTRACTS AND LOGISTICS SYSTEMS

Logistics is about efficiently managing the movement of resources to optimise product availability. For businesses operating in industries such

The International Construction Law Review [2014

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