Industrial Services and Service Contracts : A Proactive Approach

The type and content of contracts entered into depend on the services, industry and geographic areas involved.

Customers often have their own specific industry practices and standards, including standard contracts and terms, which vary considerably in, say, power generation, paper and pulp production, ICT, oil and gas, and construction.

The applicable legal, market and regulatory requirements also vary.

The book therefore does not deal with the details, for instance, of structuring remuneration models or key performance indicators, protection or transfer of intellectual property (IP) rights, or drafting contracts.

These topics have been covered in various other publications.

The book is meant for both service and contracts professionals - and for anyone interested in improving the quality and governance of their B2B service relationships.

The book represents the view that contracts are not just for lawyers: a basic understanding of contracts is beneficial to everyone involved, not only the experts. Since it is hard to find materials on industrial service design and contract design (and, in particular, how to merge them proactively), this book can be used as a reference guide, as a training manual, or both.

It can also be used as a source of additional tools and resources; for example, commercially available contract forms, terms and conditions, and related guidance.

The sample clauses, contract forms, terms and conditions as well as other documents contained or referred to in this book are introduced to illustrate what may be proposed or used in contracts.

They are used merely as examples and should not be treated as a substitute for specific advice concerning individual situations.

In fact, a model clause, form or document can seldom be applied directly to a particular transaction or relationship.

Yet the models and samples can be used as a checklist for issues to address and clauses to consider.

We approach the issues covered from a European perspective.

While the case studies, sample contracts, etc. have a Nordic/Scandinavian focus, the underlying principle of the book - a proactive approach to merging service design and contract design - is universally valid. It provides a valuable guideline to all industrial companies striving to create excellent, profitable, high-quality services, to foster internal collaboration, and to promote customer satisfaction and mutually satisfactory service relationships.