Businesses are deluged by contracts for the purchase and sale of goods. Even routine purchases often involve an invoice containing or incorporating onerous terms. While reviewing these agreements is time-consuming, it is important because they often contain broad waivers and releases of liability and other obligations in favor of the seller. Companies may accept the seller’s terms because they do not believe the contracts are negotiable. However, that is typically not the case, as there is almost always an opportunity to negotiate more favorable terms. Companies may also accept – many times unknowingly – unfavorable terms because they do not have resources available to review each and every contract, or believe having the contract reviewed by outside counsel is too expensive.
Foster Swift’s Procurement Services Group (PSG) offers a solution. The PSG helps clients interested in streamlining their commercial contracting process by efficiently reviewing, negotiating, and drafting agreements for the purchase and sale of goods and services. The PSG works with in-house counsel, procurement organizations and at smaller companies, sales and purchasing professionals directly, to quickly and efficiently review agreements and develop negotiation strategies.
Members of the PSG have negotiated a multitude of agreements across a wide spectrum of industries and disciplines including automotive, chemical, agricultural, information technology, research, insurance, and consulting, and are familiar with recent trends and issues in commercial contracting. PSG attorneys can work behind the scenes in negotiations coaching sales and purchasing professionals, or take the lead negotiating directly with the other party.
There are several important reasons why clients choose to work with the PSG. First, by utilizing the PSG’s highly skilled and experienced professionals, companies can improve the efficiency and effectiveness of their own workforces. The less time that is spent on procurement, the more time that can be spent on other core business functions. Second, through its deep understanding of both the business and legal issues at stake in procuring goods and services, the PSG helps companies mitigate supply chain risk. Finally, companies experience cost savings by working with the PSG. Not only does the PSG help companies strike good deals in the procurement process, but it also helps them hold costs down. Because of the volume of procurement work we perform, and the efficiencies we have developed through that experience, our fees are competitive and predictable.
Each client is provided with a single point of contact for the intake of new matters who works with them to schedule and prioritize their workflow. Projects are completed by PSG attorneys assigned to client teams who can also draw on the experience of other PSG attorneys and firm resources as necessary.
