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CIPS L4M3 Exam is a crucial milestone for procurement professionals who want to excel in the field of commercial contracting. L4M3 exam is designed to test the candidates’ knowledge and skills in drafting, negotiating and managing commercial contracts. It is a level 4 exam, which means that it is ideal for procurement professionals who have some experience in the field and are looking to advance their careers.
CIPS Commercial Contracting Sample Questions (Q45-Q50):
NEW QUESTION # 45
Maximum Score: 1
A service contract for cleaning is due for expiry after a five year duration. Which of the following are good sources of data to create a specification for the new invitation to tender?
* Incumbent supplier
* Maintenance services
* Alternative suppliers
* Management information
- A. 1, 2 and 4 only
- B. 1, 2 and 3 only
- C. 2, 3 and 4 only
- D. 1, 3 and 4 only
Answer: D
Explanation:
To write a strong, realistic specification for a renewal cleaning contract, good data sources include:
* Incumbent supplier (1): They can provide information on what has actually been delivered, issues experienced, and practical requirements.
* Alternative suppliers (3): Market engagement with other providers helps identify innovation, better methods, and realistic performance standards.
* Management information (4): Internal data (volumes, complaints, quality reports, site usage) shows what the organisation truly needs.
"Maintenance services" (2) are not inherently a good source for defining cleaning services requirements, so the best combination is 1, 3 and 4 only.
Reference: CIPS L4M3 Commercial Contracting - Developing specifications using management information, incumbent feedback, and market engagement.
NEW QUESTION # 46
Which of the following should be specially noticed in market dialogue with suppliers in specification development?
- A. Market dialogue is banned in the public sector
- B. Both parties must respect confidentiality
- C. The buying organisation must avoid social media at all cost
- D. Market dialogue should only be conducted with well-known supplier
Answer: B
Explanation:
Being clear on your objectives helps you to design the best approach to the dialogue. There are some notices in developing dialogue with suppliers:
- All meetings should be documented
- Respect commercial confidentiality. Although insights gained from one conversation lead to questions in another, you must be very careful not to allow this to happen in a way that breaches the confidentiality of the first conversation.
Reference: CIPS study guide page 84-85
LO 2, AC 2.1
NEW QUESTION # 47
CISG will be most likely to apply to which of the following transactions?
- A. Sale of a ship
- B. Sale of electricity
- C. Sale of a property
- D. Sale of iron ores
Answer: D
Explanation:
Article 2 of CISG states that:
This Convention does not apply to sales:
(a) of goods bought for personal, family or household use, unless the seller, at any time before or at the conclusion of the contract, neither knew nor ought to have known that the goods were bought for any such use; (b) by auction; (c) on execution or otherwise by authority of law; (d) of stocks, shares, investment securities, negotiable instruments or money; (e) of ships, vessels, hovercraft or aircraft; (f) of electricity.
LO 1, AC 1.2
NEW QUESTION # 48
Which of the following are benefits of using model form contracts? Select TWO that apply.
Liability is greatly reduced for suppliers
Suppliers can renegotiate terms more easily
They improve contract consistency
They are widely accepted in certain industries
- A. 2 and 4
- B. 1 and 3
- C. 1 and 2
- D. 3 and 4
Answer: D
Explanation:
Model form contracts are pre-standardised agreements used across industries to bring consistency, clarity, and fairness to commercial relationships. They are particularly beneficial in complex sectorslike construction and engineering where industry-accepted templates like NEC, JCT, or FIDIC are widely used.
Reference:CIPS L4M3 Commercial Contracting Study Guide, Chapter 3, Section 3.1.3 - Use and benefits of model form contracts.
NEW QUESTION # 49
In a contract, express terms and implied terms may contradict on the same issues. Under which of the following circumstances, implied terms will override express terms?
- A. No circumstances. Express terms always take precedence over implied terms
- B. Contracting parties are silent on a matter that was not included in express terms
- C. Implied terms are created by law which prevents them to be overridden
- D. Implied terms are created by trade customs
Answer: C
Explanation:
Express terms are the terms of the agreement which are expressly agreed between the parties. Ideally, they will be written down in a contract between the parties but where the contract is agreed verbally, they will be the terms discussed and agreed between the parties.
Implied terms are terms implied into the contract by the courts. They are not expressly set out in the contract but are taken to be as effective as if they were and as if they had been included from day one of the contract. The express terms and any implied terms together create the legally binding obligations on the parties.
Express terms are explicit and will normally override implied terms unless the implied term is created by statute and the law states that it cannot be overridden.
Reference:
- Contracts: Express and Implied Terms
- CIPS study guide page 126-132
LO 3, AC 3.1
NEW QUESTION # 50
......
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