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CIPS Commercial Contracting Certification Exam, also known as L4M3, is a professional certification program designed to assess and validate the knowledge and skills of procurement and contract management professionals in the commercial sector. L4M3 Exam is part of the Chartered Institute of Procurement and Supply (CIPS) certification program, which is globally recognized as the leading professional body for procurement and supply chain management.
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CIPS Commercial Contracting Sample Questions (Q92-Q97):
NEW QUESTION # 92
Bethy sees a coat on shop window with a $100 price tag. She comes and asks the shop owner to buy it. The owner states that the price has not been updated and the current price for the coat is $120. Bethy says the owner should honour the quoted price on window shop. Is Bethy correct?
- A. No, the display on shop window is just an invitation to treat and the owner may change the price at his will
- B. Yes, $120 for a coat is extremely unreasonable and the owner's later offer therefore void
- C. No, the owner is revoking his initial offer to sell at $100 and he is proposing new offer to Bethy
- D. Yes, the owner has made an offer by showing his product on the shop window and he must honour that offer
Answer: A
Explanation:
Based on two famous precedents, Fisher v. Bell (1961) and Pharmaceutical Society of Great Britain v. Boots Cash Chemists (1953), the display on shop window is considered as an invitation to treat. The shop owner can change the price when his customer asks to buy.
Reference:
LO 1, AC 1.2
NEW QUESTION # 93
Which of the following would be steps in the preparation of an invitation to tender? Select TWO that apply.
- A. Learning International Standards
- B. Advertising the requirement
- C. Re-writing a model form contract
- D. Creating a detailed specification
- E. Publishing your company's financial reports
Answer: B,C,D
Explanation:
Creating a detailed specification and publicly advertising the requirement are key preparatory steps in issuing an ITT (Invitation to Tender). These ensure that suppliers understand the requirement and have the opportunity to respond, promoting transparency and competition.
Reference:CIPS L4M3 Commercial Contracting Study Guide, Chapter 2, Section 2.2.1 - ITT preparation and issuing.
NEW QUESTION # 94
Which of the following is set down in statute as a liability that exists without any need to prove fault?
- A. Contingent liability
- B. Strict liability
- C. Current liability
- D. Non-current liability
Answer: B
Explanation:
- Strict liability, sometimes called absolute liability, is the legal responsibility for damages, or injury, even if the person found strictly liable was not at fault or negligent. Strict liability has been applied to certain activities in tort, such as holding an employer absolutely liable for the torts of her employees, but today it is most commonly associated with defectively manufactured products. In addition, for reasons of public policy, certain activities may be conducted only if the person conducting them is willing to insure others against the harm that results from the risks the activities create.
- Current liabilities are a company's short-term financial obligations that are due within one year or within a normal operating cycle.
- Non-current liabilities, also called long-term liabilities or long-term debts, are long-term financial obligations listed on a company's balance sheet
- Contingent liability is a potential liability that may occur, depending on the outcome of an uncertain future event.
Reference: CIPS study guide page 148
LO 3, AC 3.2
NEW QUESTION # 95
A Service Level Agreement (SLA) is a formal statement of performance. Which of the following are aspects of a service level agreement?
A force majeure clause
Key performance indicators
A penalty clause for non-performance
The legal jurisdiction of the contract
- A. 2 and 3 only
- B. 1 and 4 only
- C. 2 and 4 only
- D. 1 and 2 only
Answer: A
Explanation:
An SLA outlines the expected performance levels and includes KPIs and consequences for non-performance (often in the form of penalties or service credits). Force majeure and jurisdiction clauses are typically part of the main contract terms, not the SLA, which is more operational in nature.
Reference:CIPS L4M3 Commercial Contracting Study Guide, Chapter 4, Section 4.3.1 - SLAs and their components.
NEW QUESTION # 96
An organization has a normal tender process that often last 1 month from defining the needs to contract award. Manufacturing department suddenly required a new special part that they could not foresee within a month. Which of the following should be the priority actions of procurement manager in this urgent situation? Select TWO that apply:
- A. Develop relationships with potential suppliers
- B. Review contract performance
- C. Get high-level authority approval
- D. Design new specification
- E. Submit full business justification
Answer: E
Explanation:
This urgent needs occasionally occur due to a sudden change in circumstances. The process for selecting a replacement supplier must still be controlled. If there is a reason for normal processes to be waived, this must be fully documented and approved at a high level.
Reference:
LO 1, AC 1.1
NEW QUESTION # 97
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