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CIPS L4M3 Exam - Topic 9 Question 48 Discussion

Which of the following are key features of standard terms and conditions? Select TWO that apply
D) Non-negotiable and E) Designed to be used in repetitive transactions
A) Standard terms always comply with implied terms
B) Specific to each purchase order
C) Non-disclosure

CIPS L4M3 Exam - Topic 9 Question 48 Discussion

Actual exam question for CIPS's L4M3 exam
Question #: 48
Topic #: 9
[All L4M3 Questions]

Which of the following are key features of standard terms and conditions? Select TWO that apply

Show Suggested Answer Hide Answer
Suggested Answer: D, E

The key features, advantages and disadvantages of standard terms are summarised below:

- Form: Concise, generic and designed to be attached to purchase or sales orders

- Non-negotiable

- Ineffective terms: may be replaced by implied terms or national legal code rules, or subject to court 'balance of interest' judgement.

- Advantages: Basic contractual protection for most common circumstances; Avoid having to create new contract for repeat business.

- User friendly

- Usage: Low value, low risk, repetitive transactions

- Coverage: Definitions, relationship to other contracts, formation of the contract, order of precedence, price, invoicing and payment, specification, legal compliance, warrantee and liability, ownership and risk, intellectual property, data management and ethics.

- Disadvantages: Does not allow for specific circumstances; Risk for creating battle of the forms; Can create contractual uncertainty if used with purchase orders under call-off contracts.


LO 3, AC 3.1

by Gertude at Sep 14, 2024, 02:03 PM

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Dominga
9 months ago
Non-disclosure is definitely a key feature too!
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Trinidad
9 months ago
I thought they were specific to each purchase order, not non-negotiable.
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Devon
10 months ago
Wait, do standard terms really always comply with implied terms?
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Leatha
10 months ago
Totally agree, they should be designed for repetitive transactions!
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Anissa
10 months ago
Standard terms are often non-negotiable.
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Nana
10 months ago
Wait, do standard terms always comply with implied terms? I can't remember if that's a requirement or not.
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Lajuana
11 months ago
I feel like I’ve seen a question like this before, and I think non-disclosure might be important too.
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Bong
11 months ago
I'm not entirely sure, but I remember something about non-negotiable terms being a key feature.
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Justine
11 months ago
I think standard terms and conditions should be designed for repetitive transactions, right? That sounds familiar.
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Cecily
11 months ago
I feel pretty confident about this one. Standard terms are all about efficiency and consistency, so D and E are definitely the key features. The other options don't really fit with the purpose of standard terms and conditions.
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Dannie
11 months ago
Okay, let me see. I remember that standard terms are meant to be consistent across transactions, so that rules out B. And they're usually designed to cover common situations, not just one-off deals, so E seems right. I'm a bit unsure about the non-disclosure part, though.
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India
11 months ago
Hmm, I'm a bit confused on this one. I know standard terms are supposed to be non-specific to each purchase order, but I'm not sure if that means they're always non-negotiable. I'll have to think about this one a bit more.
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Isaiah
11 months ago
I think the key features are that standard terms are non-negotiable (D) and designed for repetitive transactions (E). Those seem like the most important ones to me.
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Brendan
2 years ago
As a lawyer, I have to say that non-disclosure clauses are pretty standard these days too. But I guess the exam wanted to focus on the core features.
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Jacquelyne
2 years ago
Haha, imagine if the answer was 'B - Specific to each purchase order'! That would kind of defeat the whole purpose of 'standard' terms, wouldn't it?
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Erin
2 years ago
Hmm, I'm not so sure about A. I thought standard terms were meant to override any implied terms, not comply with them. Anyway, D and E are the obvious choices.
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Chuck
2 years ago
Definitely agree with D and E. I'm surprised they didn't include 'boilerplate' as an option - that's a classic term for standard, non-negotiable contract terms.
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Leeann
2 years ago
They are designed for repetitive transactions.
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Billy
2 years ago
Standard terms are non-negotiable.
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Willis
2 years ago
Boilerplate is a classic term for standard terms.
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Stevie
2 years ago
I think D and E are the key features.
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Ming
2 years ago
I think D and E are the key features here. Standard terms are meant to be non-negotiable and used for repetitive transactions.
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Ettie
2 years ago
Standard terms are definitely non-negotiable and meant for repetitive transactions.
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Raelene
2 years ago
Yes, that's correct. They are designed to be used in repetitive transactions.
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Sherita
2 years ago
I agree, standard terms are non-negotiable and used for repetitive transactions.
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Beth
2 years ago
I'm not sure about B) Specific to each purchase order. It doesn't seem like a key feature to me.
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Suzi
2 years ago
I agree with Justa. Also, D) Non-negotiable seems like another key feature.
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Justa
2 years ago
I think E) Designed to be used in repetitive transactions is a key feature.
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