Many customers ask us for suggestions or samples they can use to put together a clause to be added to their contracts that will mandate that suppliers invoice through Ariba.

 

Here are some suggestions for your consideration:

 

SAMPLE CONTRACT LANGUAGE FOR SUPPLIER ENABLEMENT

 

E-Commerce Transactions

  1. Supplier and Company acknowledge that both want to automate certain operations for purchase and sale transactions ("Transactions"), by transmitting and receiving documents electronically ("Documents") in substitution for conventional paper-based documents (“eRouting”). The following are examples of Documents: catalogues; purchase orders (“PO”); acknowledgements; modifications to POs, advance ship notices; invoices; change orders; requests for proposal; discount acceptance notices; and proposals.
  2. Supplier and Company further acknowledge that eRouting of Documents can take place through the computer network of a Company-designated third party e-commerce provider ("Provider Network").
  3. Supplier and Company further agree that eRouting of Documents and Transactions shall have the same validity and enforceable as if the original paper-based document had been sent or received. The parties agree not to contest the validity or enforceability of an electronic Document under the provisions of any law relating to whether certain agreements must be in writing and/or signed by hand of the party to be bound thereby.
  4. Supplier and Company further acknowledge that paper-based invoices may be rejected by Company at its sole discretion once an electronic Document has been successfully transmitted and received by either the Supplier or Company.
  5. Third-Party e-Commerce Provider. For purposes of this Section, the Provider Network will be the Ariba Supplier Network. Company may change the to another third party e- Commerce provider by giving prior written notice to Supplier. Each party shall, at its own expense, provide and maintain the equipment, software and services necessary to effectively and reliably transmit and receive Documents via the designated Provider Network. In addition, Supplier shall be solely responsible for the cost of routing and storing information or Documents on the Provider Network, which information or documents may be retrieved by Company at no additional charge to Company by Supplier.

 

***Please note these are only suggestions and it is recommended you work through your own company's legal department.***