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CIPS L4M3試験は、プロフェッショナルが契約の法的および商業的側面を理解するために必要な知識とスキルを提供することを重視しています。契約法、契約形成、契約管理、紛争解決、契約に関する倫理的問題など、多岐にわたるトピックをカバーしています。試験は、これらの知識を実践的なシナリオに適用する能力をテストするよう設計されています。
CIPS L4M3（CIPS商業契約）試験は、調達と供給チェーン管理分野で最も権威ある資格の1つです。この試験は、商業契約に関与する専門家の知識、スキル、コンピテンシーをテストするよう設計されています。この試験は、個人が契約や商業協定を効果的に管理するために必要なすべてのスキルと知識を持っていることを保証する上で重要な役割を果たします。
CIPS商業契約試験は、世界中の雇用主に認められている高く評価される資格です。この資格は、調達およびサプライチェーン管理の分野で知識とスキルを向上させたい個人を対象として設計されています。また、すでに調達およびサプライチェーン管理分野で働いており、キャリアの見通しをさらに広げたい個人にも適しています。
質問 # 54
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
- A. 1 and 3 only
- B. 1 and 2 only
- C. 4 and 2 only
- D. 3 and 4 only
正解：D
解説：
Service level agreement often sets out the minimum quality standards of the services provided, remedies if that standards are not met, consequences if the targets are exceeded. Penalty clauses and service credits are remedies that are often used in conjunction with service level agreement to ensure the performance and to compensate the purchaser if targets are not met.
Reference:
LO 2, AC 2.2
質問 # 55
Under hire purchase agreement, when will the ownership of asset legally belong to the purchaser?
- A. When the purchaser takes possession of the asset
- B. When the final instalment is paid
- C. When the down payment is made
- D. When the agreement is signed
正解：B
解説：
Hire purchase is an arrangement for buying expensive consumer goods, where the buyer makes an initial down payment and pays the balance plus interest in installments. Ownership is not transferred until the end of the agreement, hire purchase plans offer more protection to the vendor than other sales or leasing methods for unsecured items. That's because the items can be repossessed more easily should the buyer be unable to keep up with the repayments.
The answer is 'When the final instalment is paid'.
Reference:
- Hire Purchase Agreements
- CIPS study guide page 70
LO 1, AC 1.3
質問 # 56
Which of the following KPIs is qualitative?
1. Openness and co-operation of supplier
2. Responsiveness of supplier
3. Customer satisfactory ratings
4. Cost management
5. OTIF deliveries
- A. 1 and 3 only
- B. 2 and 5 only
- C. 1 and 4 only
- D. 2 and 3 only
正解：A
解説：
Qualitative KPIs are based on pure opinions about how well or otherwise the goods are performingor the service is being delivered. Most often, these will be linked to, or convertedinto, a numerical measure.
However, such satisfaction surveys often also include free fields for respondents to explain why they feel the way they do, and what they might have liked to have been different.
On the other hand, quantitative KPIs are based on numerical measure with either definite number (e.g., actual number of orders incomplete or otherwise inaccurate during the time period) or as a percentage (e.g. number of inaccurate orders as a percentage of the total number of orders).
Openness and co-operation means that supplier is open and co-operative in its relationship with purchaser, e.
g., in terms of joint problem solving. This KPI is qualitative since it is measured by individual judgement.
Responsiveness of supplier means the supplier responds rapidly to requests for information and support without having to be chased. It is measured by the number of times requests chased as a percentage of number of requests. It is a quantitative KPI.
Customer satisfactory ratings means the level of customer's satisfaction. This KPI is measured by periodic survey and it is a qualitative KPI.
Cost management is another quantitative KPI. It can be measured by comparing between the actual costs and the contractual costs.
OTIF (one-time in-full) deliveries is a quantitative KPI. It can be measured by counting the inaccurate deliveries in the period or inaccurate deliveries as a percentage of total number of deliveries for period.
Reference: CIPS study guide page 117-122
LO 2, AC 2.2
質問 # 57
Which of the following are implied terms in sales contracts? Select THREE that apply.
- A. Fitness for purpose
- B. Payment method
- C. Transfer of ownership
- D. Mode of transportation
- E. Risk transfer
- F. Customer satisfaction
正解：A、C、E
解説：
Generally, under the Sale of Goods Acts (in UK, Singapore, Australia,...) or Commercial Codes (in France, Germany, Vietnam,...), the sale contracts have the following implied terms:
- the seller has the right to sell the goods. This is also a condition of the contract
- the goods are free from undisclosed security interests
- the goods supplied under the contract will be reasonably fit for any purpose which the buyer made known to the seller
- sales of unseen goods will be of merchantable quality, and match their description and conform with a sample.
- Passing of risk
- Passing of possession and title
...
Reference:
LO 3, AC 3.1
質問 # 58
Which of the following is the procedure that makes no further competition under a framework agreement?
- A. Standing offer
- B. Closed system
- C. Blanket order
- D. Direct call-off
正解：D
解説：
Direct call off is the act of placing an order under a framework agreement without having further competition.
Standing offer is an available offer.
Blanket order is another name of framework agreement
Closed system is a requirement of framework agreement. It is a system or process that, once started, does not allow new entrants.
Reference: CIPS study guide page 59-62
LO 1, AC 1.3
質問 # 59
Which of the following are good examples of a Key Performance Indicator?
The total number of services provided
Reduction rate in goods or services
Complaints resolved within two days
Delivery of goods on time and in full
- A. 1 and 2 only
- B. 3 and 4 only
- C. 2 and 4 only
- D. 2 and 3 only
正解：B
解説：
Effective KPIs should be measurable, relevant, and tied to performance. "Complaints resolved within two days" and "Delivery of goods on time and in full" are standard KPIs as they reflect quality and timeliness of service-both key to contract success. The "total number of services" and general reductions do not directly reflect performance outcomes.
Reference:CIPS L4M3 Commercial Contracting Study Guide, Chapter 4, Section 4.3.1 - Key performance indicators and their application.
質問 # 60
A large company supplies a lot of products. Their shipments are often delayed and customers are not satisfied. Which of the following KPIs is most likely to be applied to this situation?
- A. Technical support
- B. OTIF delivery
- C. Delay damages
- D. Consignment stock availability
正解：B
解説：
If the deliveries often delay, buyer should use KPI to measure how many missed deliveries there are and the percentage of total missed deliveries on total number of deliveries for period. OTIF (one-time in-full) delivery might help.
Consignment stock availability means that the supplier holds adequate range/number of units of stock to offer a reliable service Delay damages are the consequences caused by delay of deliveries Technical support is the acceptable quality of technical information/support provided by supplier for goods supplied.
LO 2, AC 2.2
質問 # 61
To expand its operation, Steel Co. decides to build a new plant. Despite of excitement, the senior management is very concerned about the complexity and risks of such project. Hugo, the procurement manager, suggests that the company can adopt a model form of contract. What is the advantage of using model form of contract?
- A. It shifts the balance of power in the favour of the buyer rather than the contractor
- B. Model form of contract eliminates the need for legal advice totally
- C. The company could avoid the need to draft a complex contract from blank
- D. The company does not need to draft the drawings as well as specification anymore
正解：C
解説：
Advantages and Disadvantages of using model form contracts.
Model form contracts save a lot of time and money. They are written by industry experts and the buyers and suppliers both understand what is included in the contract.
They are mainly used in Construction and term maintenance contacts. Typical ones are JCT and NEC.
Without the use of model form contracts the buyer and supplier will take a long time to write the terms, negotiate and finalise the contract.
This is time and money wasted.
However, model form contracts require buyers and suppliers to have training so you understand them.
Finally, if you are a buyer in a powerful position you cannot exploit that with a model form contract as these are written for mutual benefit.
Reference:
- Procurement Study Buddy on Facebook
- CIPS study guide page 147
質問 # 62
Which of the following is the best definition of consideration in contract law?
- A. One thing given in exchange
- B. The act of thinking carefully about one thing
- C. Full statement about something to provide
- D. Formal discussion between people who are trying to reach an agreement
正解：A
解説：
A simple definition of consideration is as follows - an exchange between the parties which results in a benefit to one party, and a detriment to the other. The case of Currie v Misa (1874) LR 10 Ex 153 provides an apt description of this:
"A valuable consideration, in the sense of the law, may consist either in some right, interest, profit, or benefit accruing to the one party, or some forbearance, detriment, loss, or responsibility, given, suffered, or undertaken by the other." A practical example of this can be found by examining a simple contract. Party A offers £500 to Party B, who in exchange will fit his car with a new engine. Party A receives the benefit of his car being fixed, whilst Party B incurs the detriment of having to take time, effort, and perhaps expenses to fix the car.
Reference:
- Consideration & Promissory Estoppel
- CIPS study guide page 36-40
LO 1, AC 1.2
質問 # 63
A construction company is undertaking a housing development project. They need lots of bricks and other building materials, but the construction site doesn't have large area for storage of materials.Therefore, the company's suppliers must deliver the building materials with fixed quantity and at fixed time intervals. What type of contract is used between the construction company and its suppliers?
- A. Framework agreement
- B. Call off contract
- C. One off contract
- D. Spot transaction
正解：B
解説：
In the scenario, the contract between the company and its suppliers is continuous rather than one-off. So it cannot be one-off contract or spot purchase. The quantity and time is well known and fixed, this type of contract is known as call-off contract or blanket order.
Reference: CIPS study guide page 63-64
LO 1, AC 1.3
質問 # 64
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
- A. 1 and 3 only
- B. 3 and 4 only
- C. 4 and 2 only
- D. 1 and 2 only
正解：D
解説：
Service level agreement often sets out the minimum quality standards of the services provided, remedies if that standards are not met, consequences if the targets are exceeded. Penalty clauses and service credits are remedies that are often used in conjunction with service level agreement to ensure the performance and to compensate the purchaser if targets are not met.
Reference:
LO 2, AC 2.2
質問 # 65
Under a price adjustment agreement, which of the following would be supplier's justification for increasing unit price?
- A. Rise in customer's satisfaction
- B. Rise in fuel price
- C. Rise in economies of scale
- D. Rise in shares price
正解：B
解説：
Normally in a price adjustment agreement, the supplier is allowed to change price based on an indexation, which is published by a third party (for example, government or exchange market). The selected indices often associate with input materials of supplier. For instance, the plastics manufacturer may adjust their price based on crude oil price as oil is major input of producing plastics. Other suppliers may select different set of indices, such as Producer Perception Index.
In this question, only 'Rise in fuel price' could be a justification for supplier to increase price because:
- It may affect the input material price
- The index is checked and published by an independent third party.
Reference:
LO 3, AC 3.3
質問 # 66
Consequences and actions that arise from certain KPI scores must be...? Select TWO that apply.
- A. Unilaterally imposed by the purchaser
- B. Mutually agreed
- C. Documented
- D. Deliberately omitted
- E. Terminated
正解：B、C
解説：
Supplier performance management and monitoring is a fundamental part of contract management. It starts with setting KPIs, targets and consequences or actions that arise from KPI scores. The measures, objectives and targets used in the monitoring of the supplier's performance must reflect those that were agreed when the contract was let. That is why it is important to specify a commitment to continuous improvement at the outset.
It would be unfair to the supplier to suddenly introduce a range of measures after the contract had begun - however if such an introduction mid-term through the contract is unavoidable then it should be negotiated and agreed in a professional manner and not merely imposed on the supplier.
In conclusion, the details of how KPIs will be monitored and the actions or consequences resulting from scores achieved must be documented and agreed between the parties. This details may be embedded in the specification or the main body of the contract or it may be set out in a SLA.
Reference:
- Performance Monitoring of Suppliers - CIPS Knowledge summary
- CIPS study guide page 101-109
LO 2, AC 2.2
質問 # 67
Nestle gave away records of "Rockin' Shoes" or a voucher to people who sent in three wrappers from Nestle's 6d. milk chocolate bars as well as 1s 6d. Which of the following were the consideration of Nestle's customer? Select TWO that apply
- A. The voucher
- B. Three wrappers
- C. "Rockin' Shoes" record
- D. 1s 6d
- E. Milk chocolate bar
正解：B、D
解説：
Consideration is one thing given in exchange for another.
In this case, considerations of customers are three wrappers and 1s6d. Consideration of Nestle is Rockin' Shoes record or a voucher.
Reference:
LO 1, AC 1.2
質問 # 68
Maximum Score 1
The nature of the "Battle of the forms" is when both buyer and supplier are attempting to ...
- A. Form a joint contract
- B. Create a performance specification
- C. Secure their own terms and conditions
- D. Create a collaborative relationship
正解：C
解説：
The "battle of the forms" arises when each party seeks to have its own terms and conditions govern the contract.
Under common law, the terms last sent and accepted (expressly or by conduct) usually apply.
Reference: CIPS L4M3 Commercial Contracting - "Battle of the forms and contract acceptance."
質問 # 69
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PDF問題（2025年最新）実際のCIPS L4M3試験問題：https://www.goshiken.com/CIPS/L4M3-mondaishu.html
L4M3試験問題集、L4M3練習テスト問題はここ：https://drive.google.com/open?id=1nN4q_fH9WsfPz0a519bJmRQM1aQ3miLR