Legal Memo

Legal memo

Name

Institution

Legal memo

TO: Bob & Associates, Doha

FROM:

RE: Changes in contract terms (Maryland University Qatar)

DATE: 16/ 03/2017

Issues

This is reference to our new client in Doha, Qatar (Maryland University). The client has previously been working on opening a small branch campus in Doha- Maryland University Qatar (MUQ). Having seen much of the paperwork complete as of now, MUQ has engaged the next step to have classes commence within the new campus begin in early 2017. To achieve this milestone, MUQ has to make purchases of large equipment that will be used to equip the new campus. The equipment ranges from desks, chairs, computers, lab equipment and storage facilities. Given the parent campus is in the US, MUQ had to come up with a standard purchases contract with legally binding terms and conditions different from they have been used to in the US.  MUQ contacted Bob & Associates to have an originally imported standard contract document from their parent campus in the US put in the context of the regulations of the Qatar as far as Purchases and Sale agreement is concerned.

Statement of facts

The legal framework of Qatar and the US are different in so many aspects and the Purchases and Sales agreement is just an example. In order to be fully compliant with the regulations of the Qatar government, MUQ had first to make sure all the legal documents versions it uses were in agreement with what the government of the republic of Qatar states. It is on those bases that the changes on the contract document were effected.

Discussion

As much as many of the clauses in the Sales and Purchases Act maybe in agreement in many countries courtesy of the international laws on trade, still there exists specific clauses that address unique issues within each country. It is on such basis therefore the changes on the contract document had to be effected through Bob & Associates Law Company.

In the Sale of Equipment, I made the change since in Qatar, the transportation cost is treated separate (not included in the price of the equipment). As such, the buyer has to bear the transport cost. Delivery period between US and Qatar is equally different. In Qatar, the equipment is deliverable within one month (4 weeks). Parts of the item that cannot be traced at the point of delivery are charged directly to the seller. This is because having paid the initial and transport costs, the buyer expects to receive the equipment in the form described in the quotation. That’s why I made the in delivery section of the agreement.

I made changes in the Test and Certification section because before the equipment is accepted and signed against by the buyer, testing has to be done by the buyers. This is to avoid cases of disagreement on the functionality of the equipment should a problem develop a problem in future. In the Installation section, I effected the change since the equipment once on site is a responsibility of the seller (Article 6). I made changes in the Update clause of the agreement because acceptance and installation marks the end of transaction in Qatari law. Any other engagement will be treated as a new transaction. I made the change in the Payment clause because to cushion the interest of the seller in Qatar, law provides that defaulters be charged for keeping custody an equipment they have not paid for. Likewise, the seller should deliver the equipment within 30 days after receiving down payment. The default period in both cases is 30 days. I effected the change in the Equipment Warranty section since the warranty clause becomes applicable after acceptance of the equipment. This is to cushion the interest of the buyer in the transaction.