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When is a Purchase Order considered as a formal contract ?

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Question ajoutée par Moustafa Abouelsaad , Procurement & Logistics Director , Kharafi Construction, Kuwait
Date de publication: 2017/02/02
Md Fazlur Rahman
par Md Fazlur Rahman , Procurement Specialist , Engineering and Planning Consultants Ltd

A purchase order contains standard terms and conditions about specifications, delivery time, delivery terms, payment terms, warranty conditions etc. When this purchase order is signed by both  the Purchaser and Supplier  and the Supplier receive a copy of purchase order with acknowledgement, it becomes a Formal contract

Hussain  Alshagrawi
par Hussain Alshagrawi , Freelancer Consultant , Freelancer

For a PO to be considered a formal contract, the following has to be fulfilled;

> Official/Formal valid quotation from vendor

> Clear/confirmed acceptance of company T&C including specifications/SOW by vendor

> PO is issued during the validity date of quotation

> Approved by an Authorized Person in company

> Printed or transmitted thru official company document/channel

Failure to meet any of the above could cause rejection from other party.

However, in some companie,for low value purchases, a verbal/Phone call  from vendors will be considered as a quotation  to issue a PO and vendor acceptance will make it formal contract.

Nadeem Asghar
par Nadeem Asghar , Supply Chain Consultant/Trainer , Independent Practitioner

A purchase order is to be considered a legal contract if it is in the form of acceptance of an offer in line with agreed terms and conditions. However, there may be situations when purchase order is issued outside what has been offered, then may not be taken as a legally binding contract.

Akhilesh Vashist
par Akhilesh Vashist , Principal Consultant , Individual

A purchase order is an offer of purchase, usually issued apropos an offer, quote or agreement. it would contain the specifics of the products/services and the consideration as prices along with the terms of payment, incoterms/delivery. It can be treated as a formal contract on authorized acceptance by the supplier.  

Terrence Walmsley
par Terrence Walmsley , Owner , The Awesome Group of Companies

When a supplier receives the Purchase Order, it is binding. If you need a 'safeguard', then I would suggest the inclusion of 'terms and conditions'.

Saima Saleem
par Saima Saleem , Plant Purchaser , Coca Cola

A purchase order will be considered a formal contract when it has proper binding clauses for both the purchasing organization and the vendor. 

sreekantha reddy sodem
par sreekantha reddy sodem , regional legal counsel , Tata Consultancy Services

when accepted and signed by the other party without any conditions or revisions

Tarek Turabieh
par Tarek Turabieh , Senior Procurement Manager , InfraRoad

The answer is  in the definition of the contract itself , contracts should have : Offer, Acceptance and consideration. If these components are there then a purchase order is a contract.

Feroz Hameed
par Feroz Hameed , Procurement Manager , Jassim Alwazzan Sons Co.ltd

Once you raised a purchase order and it is accepted by a seller forms a contract between the buyer and seller. 

jasmina malnar
par jasmina malnar , Head of Marketing and Indirect Procurement , Hrvatski telekom

Always. It's a formal document placing the order and in all effect it is as binding as a contract. Or a handshake, for that matter!

Ali Akbar Mazumder
par Ali Akbar Mazumder , Deputy Manager (Planning) , Meghna Group of Industries

A purchase order is a contract with terms and conditions that are associated with it and it is used for purchases of deliverable goods, continuing services (e.g., software licenses, etc).  A formal contract should be used if there is more risk involved, if the amount of money involved is high or when it is prudent to detail specific negotiated terms and conditions, including a Statement of Work within a legally binding document.

However, for both the part, the purchase order considered as an important and inseparable part of formal contract.

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