Free PDF CIPS - L4M3 - Useful Free CIPS Commercial Contracting Sample
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CIPS L4M3 exam is an essential assessment for procurement professionals who are looking to advance their knowledge and skills in commercial contracting. By passing L4M3 exam, they will demonstrate their ability to effectively manage contracts and ensure optimal supplier performance. This will enable them to take on more senior roles within their organizations and make a valuable contribution to their procurement function.
CIPS L4M3 exam is ideal for professionals who are involved in the procurement and contracting process, including contract managers, procurement managers, and supply chain professionals. L4M3 Exam provides a comprehensive understanding of the commercial contracting process and enables professionals to develop skills and techniques that are essential for effective contract management. Successful completion of the CIPS L4M3 exam demonstrates a commitment to professional development and provides a competitive advantage in the job market.
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CIPS Commercial Contracting Sample Questions (Q11-Q16):
NEW QUESTION # 11
Which of the following contracts would be best suited to a 'variable pricing' arrangement?
- A. A contract for window cleaning during the next three months
- B. A contract for the supply of lubricating oil for immediate delivery
- C. A contract for the supply of 100 printing machines to be delivered next month
- D. A contract for road building estimated to take five years to complete
Answer: D
Explanation:
Variable pricing is suitable to situations when the cost of certain elements of the product fluctuate unpredictably. For road building, asphalt fluctuates regularly. Furthermore, 5 years are long period, then variable pricing is the most appropriate method to achieve value for money and control budget.
A contract for window cleaning during the next three months is a short-term service contract, fixed price is the most suitable method.
A contract for the supply of lubricating oil for immediate delivery is an one-off contract, only fixed price is applicable.
A contract for the supply of 100 printing machines to be delivered next month is also an one-off contract.
Reference: CIPS study guide page 172-183
LO 3, AC 3.3
NEW QUESTION # 12
Misrepresentation can be defined as a false statement of material fact made by one of the contracting parties which was intended to (and did) induce the other party to make the contract. What remedies are available in this instance to the innocent party?
- A. Contract is not voidable and it is too late to take any action
- B. Contract is voidable and must be amended and performed
- C. Contract is voidable and damages can be claimed
- D. Contract is not voidable but damages can still be claimed
Answer: C
Explanation:
If a party is induced to enter a contract based on a misrepresentation, the contract becomes voidable at the option of the misled party. This means the misled party can either rescind (cancel) the contract or affirm it and seek damages. The nature of the misrepresentation (fraudulent, negligent, or innocent) affects the availability of damages.
Reference:CIPS L4M3 Commercial Contracting Study Guide, Chapter 1, Section 1.3.1 - Remedies for breach of contract and misrepresentation.
NEW QUESTION # 13
XYZ Ltd and Engineer Corp signed a long-term supply contract in which both parties had agreed on performance targets. Recently, due to increased customer demands, XYZ Ltd realises that they should make changes to the contract with Engineer Corp with regards to performance management. These changes are approved and signed by both the buyer and seller. The changes to the contract are known as...?
- A. An amendment to the prime contract
- B. A stand-alone subcontract to the prime contract
- C. A separate counter-offer to the supplier
- D. An appendix to the prime contract
Answer: A
Explanation:
The changes are made to the prime contract. They are also signed and approved by both parties. These changes are known as amendment (variation) to the contract. A contract amendment allows the parties to make a mutually agreed-upon change to an existing contract. An amendment can add to an existing contract, delete from it, or change parts of it. The original contract remains in place, only with some terms altered by way of the amendment.
Reference:
- Modify an Existing Contract with a Contract Amendment
- CIPS study guide page 26-28
LO 1, AC 1.1
NEW QUESTION # 14
In a contract, both buyer and supplier agreed the lead time is 3 days. The contract also requires that any variation must be made in writing. Then the buyer places an order by phone call and requests delivery the next day, but the supplier delivers on the third day since the order. Can buyer refuse to pay as supplier did not deliver per time?
- A. Yes, late delivery is a force majeure event
- B. Yes, the supplier has breached the contract
- C. No, supplier has shortened lead time to 1 day
- D. No, the supplier delivers within a reasonable time
Answer: D
Explanation:
Lead time is the amount of time that passes from the start of a process until its conclusion. In procurement, lead time can be understood as the amount of time that passes from placing an order until the delivery.
In the scenario, the contract requires the supplier to make a delivery within 3 days since the order. This contract can only be amended with written consent from both parties. Therefore, there is no ground for shortening the lead time to 1 day because the new lead time is only the request of buyer. Then the supplier still makes delivery within agreed lead time.
LO 1, AC 1.1
NEW QUESTION # 15
Which of the following regulates barriers to the trade of goods between Member States of WTO?
- A. GATT
- B. NAFTA
- C. TRIPS
- D. CISG
Answer: A
Explanation:
- The General Agreement on Tariffs and Trade (GATT) is a legal agreement between many countries, whose overall purpose was to promote international trade by reducing or eliminating trade barriers such as tariffs or quotas. According to its preamble, its purpose was the "substantial reduction of tariffs and other trade barriers and the elimination of preferences, on a reciprocal and mutually advantageous basis."
- CISG is the Vienna Convention on Contracts for the International Sale of Goods. This is a voluntary treaty under United Nations Commission on International Trade Law (UNCITRAL). The purpose of the Vienna Convention is to set out a framework for international transactions based on a uniform approach. It establishes substantive rules that regulate the duties and obligations of both parties, including the delivery of goods, contract formation, and remedies for breach of contract.
- The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is an international legal agreement between all the member nations of the World Trade Organization (WTO). It sets down minimum standards for the regulation by national governments of many forms of intellectual property (IP) as applied to nationals of other WTO member nations.
- The North American Free Trade Agreement (NAFTA; Spanish: Tratado de Libre Comercio de America del Norte, TLCAN; French: Accord de libre-echange nord-americain, ALENA) is an agreement signed by Canada, Mexico, and the United States, creating a trilateral trade bloc in North America.
Reference: CIPS study guide page 65-67
LO 1, AC 1.3
NEW QUESTION # 16
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