• Title/Summary/Keyword: Conditions of contract

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A Reduction of Claims for Efficient Turn-key Project (효율적인 턴키사업 추진을 위한 클레임 저감방안)

  • Oh, Ye-Keun;Sohn, Jeong-Rak;Kim, Jae-Jun
    • Korean Journal of Construction Engineering and Management
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    • v.13 no.3
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    • pp.122-130
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    • 2012
  • Currently, TK(Turn-key) projects have been implemented, the projects on TK basis still have shown several problems rather than its own merits as a bidding method. Increasing the number of claims being occurred during construction process of the projects is reality because of unclear notice of tender documents and conditions of the contract, design review system, and decision process of the qualified bidder. To establish desirable TK projects in domestic market, not only should resonable alternatives for carrying out design review system and selecting the bid winner be set up, but also proper standards for reforming irrational system of contract, bid, and notice of tender related to TK projects. This study is intended to reduce the number of claims and implement efficient projects of apartment construction on TK basis by identifying potential problems through analysis of claim examples of TK projects which have difficulties of revising contract agreement such as drawings and suggesting improvement methods for contract conditions and notice of tender docuements.

A Study on the Conditions, Trust and Intention to Contract of Franchise Head Offices under the Food Service Franchising Establishment (외식 프랜차이즈 창업자 환경이 가맹 본부 조건과 신뢰.계약 의사에 관한 연구)

  • Park, Hoen-Jin
    • Culinary science and hospitality research
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    • v.16 no.1
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    • pp.226-238
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    • 2010
  • This study investigates the recovery of trust and provision of a contract between a franchiser and a franchisee in the food service industry. It has come to the following results after analyzing the inter-affections among the franchisers' conditions, the trust level of their support and their intention to contract. First, such factors as experience, confidence, and expertise of a franchisee have significant effects on the terms of a franchiser. Second, ad support, experience, expertise, confidence, and capital factors have significant effects. Third, such factors as history of a franchiser, the number of its franchisees, its brand have significantly influence on trust. Fourth, educational support, utilization of job instruction and purchasing of packages have significant effects on intention to contract.

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Supply Chain Coordination for Perishable Products under Yield and Demand Uncertainty: A Simulation Approach (수요와 수율의 불확실성을 고려한 공급망 조정)

  • Kim, Jin Min;Choi, Suk Bong
    • Journal of Korean Society for Quality Management
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    • v.46 no.4
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    • pp.959-972
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    • 2018
  • Purpose: This study developed a simulation model that incorporates the uncertainty of demand and yield to obtain optimized results for supply chain coordination within environmental constraints. The objective of this study is to examine whether yield management for perishable products can achieve the goal of supply chain coordination between a single buyer and a single supplier under a variety of environmental conditions. Methods: We investigated the efficiency of a revenue-sharing contract and a wholesale price contract by considering demand and yield uncertainty, profit maximizing ratio, and success ratio. The implications for environmental variation were derived through a comparative analysis between the wholesale price contract and the revenue-sharing contract. We performed Monte Carlo simulations to give us the results of an optimized supply chain within the environments defined by the experimental factors and parameters. Results: We found that a revised revenue-sharing contracting model was more efficient than the wholesale price contract model and allowed all members of the supply chain to achieve higher profits. First, as the demand variation (${\sigma}$) increased, the profit of the total supply chain increased. Second, as the revenue-sharing ratio (${\Phi}$) increased, the profits of the manufacturer gradually decreased, while the profits of the retailer gradually increased, and this change was linear. Third, as the quality of yield increased, the profits of suppliers appear to increased. At last, success rate was expressed as the profit increased in the revenue-sharing contract compared to the profit increase in the wholesale price contract. Conclusion: The managerial implications of the simulation findings are: (1) a strategic approach to demand and yield uncertainty helps in efficient resource utilization and improved supply chain performance, (2) a revenue-sharing contract amplifies the effect of yield uncertainty, and (3) revised revenue-sharing contracts fetch more profits for both buyers and suppliers in the supply chain.

A Study on Characteristics for a Contract Power Conversion Factor and Analysis of a Maximum Utilization Factor of Transformer in General Customers (일반용전력사용고객의 변압기최대이용률과 계약전력환산율 기준과의 비교 특성 연구)

  • Kim, Se-Dong;Wang, Yong-Peel
    • Journal of the Korean Institute of Illuminating and Electrical Installation Engineers
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    • v.22 no.5
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    • pp.80-85
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    • 2008
  • Contract power conversion factor which is applied to estimate contract power of general customers is an important standard to caculate transformer capacity. This paper shows a reasonable contract power conversion factor, that was made by the systematic and statistical way considering actual conditions, such as investigated contract power and peak power for the last 5 years of each customer for 461 general customers as to AMR. In this dissertation, it is necessary to analyze the key features and general trend from the investigated data It made an analysis of the feature parameters, such as average, standard deviation, median, maximum, minimun and thus it was carried by the linear and nonlinear regression analysis. Therefore, this paper compared characteristics for a contract power conversion factor which is applied to estimate contract power with characteristics for a regression model for customers which maximum utilization factor of transformer is more than 60[%].

Legal Relations of the Contract of International Carriage of Goods by Air (국제항공화물운송계약(國際航空貨物運送契約)의 법률관계(法律關係) -화주(貨主)의 권리의무(權利義務)를 중심(中心)으로-)

  • Lee, Kang-Bin
    • The Korean Journal of Air & Space Law and Policy
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    • v.1
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    • pp.193-222
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    • 1989
  • The purpose of this study is to review the rights and duties of cargo owners, the party to the contract of international carriage of goods by air under the Warsaw Convention System and the IATA conditions. It is generally known that air freight is the most-cost mode of transportation. However, should there be considerations of total distribution cost, the use of air freight leads exporters to be advantageous in physical distribution. The Warsaw Convention System defined and limited the rights and duties of cargo owners and air carriers paticipating in the international carriage of goods, but it does not regulate every aspect of air transportation. Therefore, the unregulated parts are governed by national laws and by individual contracts of carriage. The International Air Transport Association(lATA), a worldwide organization of airlines, has formulated model conditions of contract for the carriage of cargo. These models are not uniformly followed but they serve as a basis for many of the individual standard form of contracts prepared by air carriers. The contract of air carriage of goods is a contract of adhesion, 'the consignor recognizing and accepting the conditions laid down by the carrier'. There are consignors and carriers as the parties to the contract of international carriage of goods. In addition to his basic right, implied in Warsaw Convention Article 18 and 19, to require devery of the goods in good condition and at the date agreed upon, the consignor has the right to dispose the goods in the course of the journey up to the moment when the consignee is entitled to require delivery. If it is impossible to carry out the orders of the consignor, the carrier must so inform him forthwith. The right conferred on the consignor ceases at the moment when that of the consignee begins in accordance with Warsaw Convention Article 13. Nevertheless, if the consignee declines to accept the air waybill or the goods, or if he cannot be communicated with, the consignor resumes his right of disposition. Unless it is otherwise agreed, it is the duty of the carrier to give notice to the consignee as soon as the goods arrive. The consignee is entitled, on arrival of the goods at the place of destination, to require the carrier to hand over to him the air waybill and to deliver the goods to him, on payment of the charges due and on complying with the conditions of carriage set out in the air waybill. The air waybill is supposed to be made out by the consignor. If the carrier makes it out, he is deemed, subject to proof to the contrary, to have done so on behalf of the consignor, whether there is one air waybill or several, each must be made out in three original parts. The first is for the carrier, the second is for the consignee, and the the third is handed to the consignor when the shipment has been accepted. The consignor is responsible for the correctness of the particulars and statement concerning the cargo appearing in the air waybill. Each of the original parts of the air waybill has evidential value and possession of his part is a condition for the exercise by the consignor or consignee of his rights under the contract of carriage. Hague Protocol set forth in Article 9 that nothing in this. Convention prevents the issue of a negotiable air waybill, but Montreal Additional Protocol No. 4 deleted this article. All charges applicable to a shipment are payable in cash at the time of acceptance thereof by the carrier in case of a prepaid shipment or at the time of delivery thereof by the carrier in case of a collect shipment. The carrier shall have lien the cargo for unpaid charges and, in the event of non-payment thereof, shall have the right to dispose of the cargo at public or private sale and pay itself out of the proceeds of such sale any and all such amounts. In conclusion, the Warsaw Convention System has the character of ambiguity in various respects, not only in the part of the forms of documents but also in conditions of contract. Accordingly, the following propositions might be considered: (1) If the carrier does not obey the orders of the consignor for the disposition of the goods without proper reasons, he will be liable strictly for any damage which may be caused thereby to the cargo owner. The special agreement and carrier's conditions of carriage which limit unreasonably the consignor's right of disposition of the goods will be nullified. (2) The instrument of the Warsaw Convention System which is not yet in force(Montreal Additional Protocol No. 4) would considerably simplfy the processing and keeping of computerized records of the carriage. Until this instrument enters into force, the airlines will be faced with practical problems preventing them to substitute computerized data processing techniques for the formal issuance of the documents. Accordingly, Montreal Additional Protocol No. 4 should become effective as soon as posisble. From a practical point of view in the international trade, the issuance of negotiable air waybill should be permitted for the security of the bank.

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The Comparative Study of Incoterms 2020 and 2010 in International Physical Distribution

  • KIM, Jin-Hwan
    • Journal of Distribution Science
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    • v.20 no.4
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    • pp.101-110
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    • 2022
  • Purpose: This study is a comparative study to examine the differences between Incoterms 2010 and Incoterms 2010 through a study on the revision contents and conditions of Incoterms 2020. Research design, data, methodology: This study is composed of 5 chapters through literature study. Chapter 1 is an introduction, and Chapter 2 explains the significance and change of standard trading conditions. Chapter 3 compares Incoterms 2020 and 2010. Chapter 4 deals with major revisions and considerations of Incoterms 2020, and Chapter 5 mentions conclusions and implications. Results: In comparison with Incoterms 2020 and Incoterms 2010, first, the selection of the correct Incoterms rules was emphasized through the introduction; second, the division and connection between the sale contract and the ancillary contract were more clearly explained; and third, each Incoterms An explanatory note was presented by improving the existing guidance note for rules, and finally, the order of clauses within individual Incoterms rules was changed to further emphasize delivery and risk. Conclusions: This study pays attention to the understanding of academic content related to standard trade terms and conditions and how usefully it can be used in the business process of users in practice.

Breach of international sales contract and Exemption possibility due to customs clearance impediment (통관차질(通關蹉跌)로 인한 무역계약(貿易契約) 위반(違反)과 면책(免責)의 가능성(可能性))

  • Chung, Jae-Wan
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.20
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    • pp.241-265
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    • 2003
  • The purpose of this paper is to examine the customs clearance impediment and trade parties breaches of international sales contract by the impediment. Customs clearance impediment arises when (a)clearance is not permitted, (b) importation goods are confiscated, (c)clearance delay without expectation, and (d) additional excessive trade cost caused in the process of clearance. This kind of clearance impediment may cause the breach of international sales contract. And it depends on its contents of contract and causal sequence i.e. cause and effect respectively in determining who is liable for it. If one party exemptions by Article 79 CISG, next three elements must be proved. (a)The failure was due to an impediment beyond his control; (b)the impediment was reasonably unforeseeable at the time of the conclusion of the contract, and (c)the impediment was reasonably impossible to overcome. But the customs clearance impediment is not easy to prove these three elements, the party who is responsible the customs clearance may not be exemptions by Article 79 CISG. And, according to review, it is concluded that the buyer, rather than seller, is liable for the damage which is caused in the process of clearance. It is also confirmed that the seller is sometimes liable for depending on clauses of contracts i.e. quality conditions.

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Research on Financing the Aquaculture Industry through Participatory Equity Contracting (참여 지분형 계약거래를 통한 양식산업 금융지원 연구)

  • Hwa-Yong Lee;Byung-Suk Han;Hyoung-Koo Kang
    • The Journal of Fisheries Business Administration
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    • v.54 no.4
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    • pp.47-64
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    • 2023
  • The development potential of the aquaculture industry is very high, but there is no financial support for investment except for the government, policy funds, fishery funds, etc. Therefore, we would like to propose a contract transaction in the aquaculture industry. This refers to a forward contract between a producer (fish farmer) and a buyer (mainly a processor or marketer) that stipulates the production and supply of fish products at a predetermined price, but it also refers to an "equity participation type" contract in which both producers and buyers can participate. In other words, it is a model in which part of the fish farm is produced in a way that meets the conditions of the buyer, and part is produced by the producer. This study aims to establish the basic contract trading process. It provides an academic approach to prevent adverse selection and moral hazard due to information asymmetry. It also provides an idea to converge the aquaculture industry with the financial industry using Pecking Order theory. By doing so, we have made it possible for venture capitalists to invest with confidence and provided a process for investors to resolve their concerns, paving the way for the aquaculture industry and the financial industry to develop together.

Deriving Key Risk Sub-Clauses for EPC/Turnkey Contract Conditions for Overseas Construction Projects - Based on FIDIC Conditions of Contract for EPC/Turnkey Projects, second edition 2017 - (해외건설공사 EPC/Turnkey 계약조건 핵심 리스크 세부조항 도출 - FIDIC Silver Book 2017년 개정판 기준으로 -)

  • Hong, Seong Yeoll;Jei, Jae Yong;Seo, Sung Chul;Park, Hyung Keun
    • Korean Journal of Construction Engineering and Management
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    • v.23 no.6
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    • pp.101-110
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    • 2022
  • Recently, the global construction market is expected to grow at an annual average of 4.8% by 2025 and the risk of overseas construction is also expected to increase accordingly. In particular, domestic construction companies intensively participated in the EPC(Engineering, Procurement, Construction)/Turnkey project, but as a result of failing to respond to contractual risks, they have suffered losses of trillions of won in overseas business since 2013. Nevertheless, there have been not many studies on the derivation of EPC/Turnkey's contractual key risk sub-clauses. Therefore, in this study, the key risk sub-clauses were studied for the conditions of the 2017 Silver Book contract issued by the International Consulting Engineering Federation(FIDIC). To this end, 30 experts with more than 10 years of experience in international construction contracts were formed as a panel to conduct a Delphi survey on 170 sub-clauses of 21 clauses of FIDIC Silver Book to derive 62 main risk sub-clauses. In addition, the RPN(Risk Priority Number) was finally calculated using the FMEA(Failure Mode and Effect Analysis) technique, and 25 key risk sub-clauses within the Critical Risk range were derived. Through the results of this study, the practical point of view is able to refer to the contract provisions to be carefully reviewed at the bidding and contract signing stage in overseas construction projects. From an academic point of view, it provides direction and basic knowledge of how to study the contract fields used in overseas construction EPC/Turnkey projects.

A Study on Characteristics for a Contract Power Conversion Factor and Analysis of a Maximum Utilization Factor of Transformer in Industrial Customers (산업용전력사용고객의 변압기최대이용률과 계약전력환산율에 관한 연구)

  • Kim, Se-Dong;Yoo, Sang-Bong
    • Journal of the Korean Institute of Illuminating and Electrical Installation Engineers
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    • v.22 no.6
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    • pp.44-49
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    • 2008
  • Contract power conversion factor which is applied to estimate contract power of industrial customers is an important standard to caculate transformer capacity. This paper shows a reasonable contract power conversion factor, that was made by the systematic and statistical way considering actual conditions, such as investigated contact power and peak power for the last 5 years of each customer for 349 industrial customers as to AMR. In this dissertation, it is necessary to analyze the key features and general trend from the investigated data. It made an analysis of the feature parameters, such as average, standard deviation, median, maximum, minimun and thus it was carried by the linear and nonlinear regression analysis. Therefore, this paper compared characteristics for a contract power conversion factor which is a lied to calculate contract power with characteristics for a regression model for customers which maximum utilization factor of transformer is more than 60(%).