Description
Identify and manage contractual risk in relation to Emerson Process Management Europe, in order to maximize profitability in line with corporate contracts and legal policies and other requirements
relationships
Internal:
Corporate and World Area Management; Divisional European Business Leaders; Marquee and Key Account teams; Project Pursuit personnel; country and Divisional Sales; Project Management, Engineering; Legal (European, Corporate and Divisional); Risk Management; Finance and Credit Management; purchasing/procurement; HR management.
External:
Customer purchasing and legal personnel; outside counsel; insurance brokers; banks; supplier/subcontractor sales and legal/commercial personnel.
Responsibilities
• Review, respond to and negotiate customer contract conditions and frame agreements; contracts within the areas of Sale, Service, Purchase, Lease, Research and Development
• Advise and support the business unit on contractual issues on a worldwide basis
• Advise and support the world areas on the key contracting principles which the business unit requires in contracts for the sale of its goods and/or the provision of services in addition to the corporate rules
• Review, respond to and negotiate on a worldwide basis the licensing of the business unit software
• Provide input to sales, project management and purchasing on subcontracting strategies and forms* and assist in producing and negotiating more significant subcontracts on major projects
• Provide input to management and obtain necessary approvals regarding contractual risk areas identified
• Produce and negotiate agency, distributor, reseller, OEM, integrator and similar agreements*
• Provide input to the development and maintenance of standard contract conditions and model form agreements*
• Participate in the development and implementation of contracts and other commercial training*
• Provide advice and guidance to sales, purchasing, project management, finance and other internal customers on contractual and commercial issues
• Provide advice and guidance to and assist others (outside Commercial Dept) involved in contracts/commercial management
• Provides legal advice and interpretation of legal matters, including the application of law.
• Maintain, implement and follow up on relevant procedures (Checkpoint; due diligence procedure for all intermediaries; Contract procedures)
• Advise and support on I.P related issues (patents/trademarks) (registration, renewal of trademarks and patents; protection of I.P; transfer of I.P; maintain overview of patents & trademarks (registrations and applications)
• Advise and support on insurance related issues
• Maintain a database and archive of current insurance policies and certificates
• Maintain contracts data bases and archives
• Training of personnel ¬ - contract review training for non-legal personnel involved in sales,
operations, procurements
• Specific Responsibilities: Trade Compliance- To ensure that all transactions are properly screened and recorded in accordance with the company’s Trade Compliance procedures and to escalate any concerns or questions to the local Gatekeeper.
• Input to the development of contracts and commercial policies and processes*
• Keep abreast of legal, contracts and policy developments and advise on their impact to company contracting operations
Requirements
• Law degree
• Fluent spoken and written English language skills
• Other European language abilities desirable
• Excellent interpersonal/communication skills
• Ability to analyse complex situations, seek advice where necessary and provide clear, concise guidance to others
• Good team player
• Must have attended continuing education seminars and courses in relevant areas of law and contract management
• Excellent working knowledge of contract and other relevant areas of law across the European world area
• Ability to interface effectively with senior management, lawyers and other professionals both internally and with customers/suppliers
• At least 7 years experience in a contracts/commercial role in connection with industrial sales featuring capital goods, electronics, software, engineering and related services, ranging from minor services contracts through major international projects (value $30m+)
• Ability to think corporately and “out of the box’ in order to offer solutions to problems in relation to individual contracts/projects, frame agreements and internal issues
• Must be able and willing to travel extensively within EMA and elsewhere as required, often at short notice, sometimes over weekends and public holidays, for periods typically of up to 10 days
