Michel Ponsard, a partner at UGGC Avocats specializing in competition and distribution law, spoke today at a conference on commercial negotiations.
On this occasion, Michel Ponsard answered the following question: “General terms and conditions of sale: what construction and drafting in the current crisis context?”
Below, the topics that were discussed during Michel Ponsard’s speech:
- What is the role of the GSC in the construction of the price? What is the mandatory content of the GTC? Terms of payment, price determination elements…
- How to structure the supplier’s offer and negotiate it (differentiated GTC, CCV and CPV)?
- What are the new negotiation challenges in the context of the crisis? What are the new challenges in negotiating in a crisis context: application and fluctuation of prices, logistical arrangements, penalties, payment deadlines, force majeure, unforeseen circumstances, etc.?
- What is the scope of the obligation to communicate the GTC? Time limit, formalism and enforceability
- What are the risks of sanctions?