"So our recommendation is simplify the terms, concentrate very much on the contract fundamentals. Do away with a lot of the noise, tighten up the remedial actions and fees, to have more clarity and transparency."
She notes we also need to define both parties' responsibilities so that they are very clear.
Boersch looked at Australia's system where the contract actually states fixed tonnages but clearly outlines when the pricing happens and how damages are calculated if the contracts aren't fulfilled.
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