[2022年10月] 今すぐダウンロード！リアル CIPS L4M3 試験問題集テストエンジン試験問題 [Q84-Q103]

質問 84
XYZ Ltd is negotiating a long-term supply contract of important parts with a supplier. Dave, procurement manager teams up with Alla, legal manager to construct a service level agreement. Dave is concerned that poor performance of supplier may cause damages to the operations of the organisation. Which of the following can be used in conjunction with SLA to compensate the buying organisation in case of supplier’s poor performance?
1. Warranties
2. Force majeure clauses
3. Penalty clauses
4. Service credits

1 and 3 only

3 and 4 only

1 and 2 only

4 and 2 only

質問 85
Which of the following shall help the purchaser control the selection of tier 2 suppliers?

Subcontracting clause

Warranty clause

Guarantee clause

Insurance clause

質問 86
Which of the following will always give rise to a claim of misrepresentation?
1. Silence
2. False thought
3. Statement of fact
4. Representation by conduct

1 and 2 only

1 and 3 only

3 and 4 only

2 and 4 only

質問 87
Which of the following will be included in a conformance specification?
1. Brand names
2. Description of the operating environments
3. Chemical formulae
4. Required safety level

1 and 2 only

1 and 3 only

1 and 4 only

2 and 3 only

質問 88
XYZ Ltd and Engineer Corp signed a long-term supply contract in which both parties had agreed on performance targets. Recently, due to increased customer demands, XYZ Ltd realises that they should make changes to the contract with Engineer Corp with regards to performance management. These changes are approved and signed by both the buyer and seller. The changes to the contract are known as…?

An amendment to the prime contract

A stand-alone subcontract to the prime contract

An appendix to the prime contract

A separate counter-offer to the supplier

質問 89
Blakenall District Hospital (BDH) is a large hospital that is a major part of the government’s health service. Purchasing staff are in the habit of placing many long-term contracts with suppliers and sub-contractors. Whilst these contracts are usually carried out successfully, prices are often paid that are well over budget. The purchasing manager is concerned to find that, in some cases, members of staff are forcing suppliers to accept fixed price contracts. The policy has caused several problems such as some suppliers refusing to deal with BDH and a few going out of business mid-way through performing a contract with BDH. This is due to fluctuating market prices of materials. The procurement manager suggests supplier to adopt variable pricing arrangement with price index. Is this a right course of action?

No, variable pricing would only benefit the suppliers

Yes, this type of arrangement would provide absolute certainty when budgeting

Yes, this pricing arrangement would reimburse the fluctuation of material prices

No, price adjustment should be applied to short-term supply contract only (3-month duration or less)

質問 90
Which of the following are examples of incentives which can be embedded in contract terms? Select THREE that apply

Gainshare

Indemnity

Contract extensions

Service credits

Liquidated damages

Faster payment

質問 91
Which of the following indicates the ratio between profit and costs?

Gearing

Margin

Mark-up

Liquidity

質問 92
In a sale contract, a clause requires the seller to “defend, reimburse, and hold harmless” the buyer and its personnel from and against any and all damages arising in connection with some specific circumstances. This clause is an example of…?

Insurance

Liquidated damages

Indemnity

Force Majeure

質問 93
Which of the following is the procedure that makes no further competition under a framework agreement?

Closed system

Direct call-off

Standing offer

Blanket order

質問 94
Infra Constructions receive a contract for construction of a building, and following terms were agreed upon. “The entire cost of the project will be reimbursed to Infra Constructions (estimated cost of the project being $ 25 million). The profits will be 20% of the entire cost of a project subject to a max of $ 5 million.” This arrangement is an example of…?

Incentive pricing arrangement

Gain-share/pain-share arrangment

Cost-plus pricing arrangement

Fixed-pricing arrangement

質問 95
Which of the following can be considered as implied terms in a contract?
1. Case law
2. Statute
3. Trade custom
4. A term can never be implied, it must always be expressed by the parties

1,3 and 4 only

1, 2 and 3 only

1, 2 and 4 only

2, 3 and 4 only

質問 96
EAC Facilities Management is planning for a new construction project in the suburban are a. They decide to use NEC or FIDIC model form of contract for this project. Is this a right course of action?

Yes, these forms aim at balanced risk/reward allocation between the parties

No, the buyer will bear all the risks derived from the contract

Yes, using these forms will eliminate all the risks

No, the contractor won’t understand the legal terminology in the contract forms

質問 97
Which of the following is the best definition of “ultra vires”?

Beyond powers

In good faith

From one party

Let the buyer beware

質問 98
Which of the following is always automatically considered as a contract?

Call-off

Framework arrangement

Performance management framework

Framework agreement

質問 99
Which of the following are among five ‘pillars’ of information assurance?
1. Recovery plan
2. Availability
3. Non-repudiation
4. Governance

2 and 3 only

1 and 2 only

1 and 4 only

3 and 4 only

Information Assurance (IA)
Information Assurance (IA) is the practice of managing information-related risks and the steps involved to protect information systems such as computer and network systems. The IA transformation is a partnership that stretches across the Department of Defense (DoD), Office of National Intelligence, Committee on National Security Systems, National Institute of Science and Technology (NIST), and the Office of Management and Budget.
The US Government’s definition of information assurance is:
“measures that protect and defend information and information systems by ensuring their availability, integrity, authentication, confidentiality, and non-repudiation. These measures include providing for restoration of information systems by incorporating protection, detection, and reaction capabilities.” Information Assurance (IA) is essentially protecting information systems, and is often associated with the following five pillars:
– Integrity
– Availability
– Authentication
– Confidentiality
– Nonrepudiation
The following pillars can be applied in a variety of ways, depending on the sensitivity of the information, or information systems within your organization. Currently, these five pillars are used at the heart of the US Governments ability to conduct safe and secure operations in a global environment.
1. Integrity
Integrity involves assurance that all information systems are protected and not tampered with. IA aims to maintain integrity through means such as anti-virus software on all computer system, and ensuring all staff with access to know how to appropriately use their systems to minimize malware, or viruses entering information systems.
2. Availability
Availability simply means those who need access to information, are allowed to access it. Information should be available to only those who are aware of the risks associated with information systems.
3. Authentication
Authentication involves ensuring those who have access to information, are who they say they are. Ways of improving authentication involve methods such as two-factor authentication, strong passwords, bio-metrics and other devices. Authentication may also be used to not only identify users, but also other devices.
4. Confidentiality
IA involves the confidentiality of information, meaning only those with authorization may view certain data. This step is closely mirrored by the six data processing principles of the General Data Protection Regulation (GDPR), where by personal data must be processed in a secure manner “using appropriate technical and organizational measures” (“integrity and confidentiality”).
5. Nonrepudiation
The final pillar simply means someone with access to your organizations information system cannot deny having completed an action within the system, as there should be methods in place to prove that they did make said action.
Reference:
– What is Information Assurance (IA)?
– CIPS study guide page 99-100
LO 2, AC 2.1

質問 100
SFO procurement manager sent a request for quotation to Vogon International in which he determined the contract terms and specification. In SFO’s standard terms and conditions, it is stated that ‘Goods shall be delivered and Services performed by the applicable Delivery Date. Supplier must notify Buyer 3 days prior to the Delivery Date if Supplier is likely to be unable to meet a Delivery Date.’ Vogon replied with a quotation without any amendment to SFO’s terms & conditions. The SFO procurement manager found the prices were reasonable and submitted to senior management. Senior management team accepted that quotation and sent a notification to Vogon. On the Delivery Date, Vogon said they had no capacity to supply the product as the quotation due to a workers’ strike. Did Vogon breach any agreement with SFO?

No, because Vogon had no intention to be bound by the quotation, therefore, it didn’t constitute a contract

No, because the strike is a force majeur event, so Vogon did not breach any contract with SFO

Yes, because the contract was formed since Vogon had sent the quotation as an acceptance to SFO’s offer

Yes, because the contract had been formed between SFO and Vogon with the quotation as an offer and the notification as an acceptance

質問 101
Which of the following standards gives guidance on the layout and preparation of specifications?

BS EN 60601-1-11:2015

BS 5864:2019

BS 5975:2019

BS 7373-1:2001

質問 102
Which of the following is the reason why liquidated damage clauses are embedded into a contract?

Because liquidated damages are the only remedy

To penalise the supplier for their wrongdoing

To avoid argument on correct measure of damage

Because compensation will be awarded immediately

質問 103
Which of the following is the international standard for labelling hazardous substances?

GPS

HSE

CODEX STAN 1-1985

GHS

[2022年10月] 今すぐダウンロード！リアル CIPS L4M3 試験問題集テストエンジン試験問題 [Q84-Q103]

コメントを残すコメントをキャンセル

関連認証

L4M3 練習テスト

最近の投稿

アーカイブ

カテゴリー

[2022年10月] 今すぐダウンロード！リアル CIPS L4M3 試験問題集テストエンジン試験問題 [Q84-Q103]

コメントを残す コメントをキャンセル

関連認証

L4M3 練習テスト

最近の投稿

アーカイブ

カテゴリー

コメントを残すコメントをキャンセル