EFE Conference – Conférence by Michel Ponsard on trade negotiations

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?