Practical Practices In Logistics Contracts Course

Objectives

On completion of this course you should be able to: 

• Understand the importance of logistics relationships and the types of relationships that may be formed.
• Be knowledgeable of a process model that will facilitate the development and implementation of successful supply chain relationships.
• Define what is meant by third-party logistics (3PL), and know what types of firms provide 3PL services.
• Know what types of 3PL services are used by client/customer firms, and know what types of 3PL providers are used.
• Appreciate the role and relevance of information technology-based services to 3PLs and their client/customers.
• Realize the ways in which 3PLs are involved in global supply chain issues.
• Know the extent to which customers are satisfied with 3PL services, and understand where improvement may be needed.
• Recognize the importance of “collaborative” relationships in the context of supply chain management.

Course Outline

Outsourcing Contracts: Outsourcing of Logistics Services

• Outsourcing contracts
• The definition, history and development of outsourcing
• The legal nature of outsourcing contracts
• Logistics contracts
• The definition and development of logistics
• The legal nature of logistics contracts
• Third-party logistics outsourcing
• Developments and future perspectives
• The legal framework of logistics contracts
• General requirements for developing the activity

Contract to Provide Logistics Services: a General Overview

• Preliminary acts to concluding the contract: the letter of intent
• General premises of the contract to provide logistic services
• Content of the contract to provide logistics services
• Scope of the contract
• The logistics platform
• Exclusivity
• Obligations of the 3PL provider: the services undertaken
• Obligations of the customer: paying the price
• Liability
• Force majeure
• Insurance
• Confidentiality
• Inspection and monitoring
• Ownership of the merchandise
• Assignment and subcontracting
• Personnel
• Duration and termination
• Data protection and intellectual property
• Dispute resolution and governing law
• Rights of relevant transactions

Contract to Provide Logistics Services: Carriage of Goods

• Carriage of goods by road
  • Introduction: definition and legal regime
  • Scope of application
  • Contractual documentation
  • Liability of the transport company
  • Claims and actions
• Carriage of goods by sea
  • Legal regulations
  • Determination of the applicable law: scope of application
  • Scope of application
  • International competence
  • Personal and material elements of the contract
  • Obligations of the parties
  • Carrier’s liability regime
• Carriage of goods by rail
  • Object and scope of the Convention
  • The contract of transport
  • Liability and actions
  • Exercising of the rights
  • Relations between railways
• Carriage of goods by air
• Multimodal transport
  • Definition and legal regime
  • United Nations Convention on International Multimodal Transport of Goods 1980
  • UNCTAD/ICC Rules for multimodal transport documents

Contract to Provide Logistics Services: Warehousing and Resources

• Warehousing
  • Obligations of the warehouse owner
  • Liabilities
• Personnel
  • Legal framework
  • Outsourcing and TUPE: the Süzen case
  • Temporary employment agencies
• Insurance
  • Insurance classes and applicable legislation
  • The concept and legal nature of the insurance contract
  • Elements of insurance contracts
  • Content of the contract
  • Insurance for damage