Exercises > Quiz: Is it part of the contract?
This exercise refers to the content of "Do Supplier Codes of Conduct bind?"; please refer to that page for context and to learn more (part of Module II. Contracts as drivers of sustainability).
Is it part of the contract?
The contract you have signed states:
“The Buyer’s Supplier Code of Conduct attached as Appendix A is incorporated into this Agreement. The Supplier shall comply with its obligations.”
The Supplier Code of Conduct is expressly incorporated into the contract. This means it becomes part of it, provided that it is clearly identified and was accessible to you at the time of making the contract, so that you had an opportunity to review it.
Note: Making a Code of Conduct legally binding does not mean that all its content becomes enforceable obligations. The binding effect extends only to what the Code actually says. If the Code contains a mix of obligations, expectations, and aspirations, these differences remain, even when the Code is incorporated into the contract.
Buyer sends its Supplier Handbook after the contract is signed. It is not mentioned in the contract.
A document sent after the contract has been made does not automatically become part of the contract unless the parties agree to include it.
Note: The Supplier Handbook becomes part of the contract if both parties later agree to incorporate it (e.g. through amendment or acceptance in a supplier portal).