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Introduction to negotiation
tools, methodology and tactics

Stockholm
2011-04-05
Negotiation Introduction


The negotiation is a dialogue with the intention to come to a
mutually agreed solution



    A dialogue between two or more parties,
     with the intent of coming to a mutually
     agreed solution, because each party has
     something the other wants
    A communication process between two or
     more people in which they consider
     alternatives to arrive at mutually
     agreeable solutions or mutually
     satisfactory objectives




                                      © 2011 Gravity Sourcing AB   2
Negotiation Introduction



Do not confuse Negotiation with Bargaining


      Do not confuse Negotiation (focused on VALUE) with Bargaining (focused on PRICE)
      The success of the negotiation depends on its preparation
      A golden rule: play the winner/winner game



     BARGAINING                                                  NEGOTIATING

        Focus on PRICE                                             Consider the total of all CLAUSES
        Act with FORCE                                             Act as a PARTNER
        CONVINCE through strengths of personality                  Base arguments on FACTS
        Not having PREPARED your documents                         Base arguments on prepared ANALYSIS
        Think SHORT TERM                                           Think MID OR LONG TERM




                                             © 2011 Gravity Sourcing AB                                    3
Negotiation Introduction


Depending on the scale of the deal, some preparation may be
appropriate for conducting a successful negotiation

  1.   Collect information; the more information you have, the better you will be
       able to negotiate
       (information to generate alternatives, strategies and ”convince” the other party. Information about the
       other party, market information, trends, technologies, published standards, guidelines, etc.)

  2.   Define your own LAA (Least Acceptable Agreement), MDO (Most Desired
       Outcome) and BATNA (Best Alternative To Negotiated Agreement) and do
       the same for the other side
       Your own and your suppliers’ negotiation clauses, objectives, least acceptable, arguments, tradeoffs,
       alternatives, consequences etc.

  3.   Handle the climate in the negotiation (Climate Management)
  4.   Prepare your team and individual roles
  5.   Understand the different styles to be used in relationship- and substance
       based negotiations
  6.   Be aware of how to behave, how the other part behave and what tricks
       you may be faced by from the other party during the negotiation




                                                           © 2011 Gravity Sourcing AB                            4
Collect Information


Our own process collects key information, step- by step
throughout the strategic sourcing project
                 Key information at the fingertips of the negotiation team
  Total Cost &           Supplier
                                               Purchasing                                                Suppliers
     Needs               Market                                               Bids Analysis
                                                Strategy                                                suggestions
    Analysis             Analysis




                         Buyer Objectives
                  ...
                 …
                 …
                                                                          Definition of negotiation clauses
  Knowledge       ...
                                                                          Work out the negotiation session
   Acquired                                                                    - define the roles
                   Supplier Objectives                                         - drive of the forecasted profile of
                  ...                                                           the discussion
                 …
                 …
                  ...




                                            © 2011 Gravity Sourcing AB                                                5
BATNA



MDO and LAA determine our boundaries of the negotiation



                                                                                Our needs
                Our wants


            Most Desired Outcome (MDO)                                     Least Acceptable Agreement (LAA)
   Minimum price in the market                                     Maximum accetable price that meet profit goals
   Shortes delivery time possible                                  Market advantage delivery time
   Performance exceeding specifications                            Product performance to meet specifications
   Longer term price guarantee                                     Price firm for one year




                                           © 2011 Gravity Sourcing AB                                                 6
BATNA


The Best Alternative To a Negotiated Agreement (BATNA) is our
contingency plan if we cannot come to an agreement

   BATNA is what we will carry out if the other part is not willing to accept our
    needs (LAA), i.e BATNA is not the same as our (LAA)
   The more attractive your BATNA is compared with the proposals you receive,
    the more Power you have
   BATNA should take all considerations into account, such as relationship value,
    time, value of money and the likelihood that the supplier will live up to their
    side of the agreement. These other considerations are often difficult to value,
    since they are frequently based on uncertain or qualitative considerations,
    rather than easily measurable and quantifiable factors
   BATNA help us to
      – Value more realistically our power of negotiation
      – Assure that we do not achieve prices at any cost
      – Evaluate the different perspectives of any of the considered




                                         © 2011 Gravity Sourcing AB                   7
BATNA


Analyzing your own and your suppliers MDO, LAA and BATNA will
hopefully identify a “Zone Of Possible Agreement”

  Overlap between our LAA and supplier LAA enables a deal


   our MDO                                        our LAA
                                       “ZOPA”
                  supplier LAA                                                supplier MDO
                                                                                             Deal possible within “ZOPA”
                                                                                             Zone Of Possible Agreement
         Our                                                         Supplier




  Without overlap the deal will break and the contingency plan (BATNA) will be realized

       our MDO                   our LAA



                                           supplier LAA           supplier MDO
                                                                                             BATNA

         Our                                                         Supplier




                                                            © 2011 Gravity Sourcing AB                                     8
BATNA


The communications with a specific supplier should be prepared
exploiting our levers and their needs
                      Our                                      Supplier
  AREA     MESSAGES         MDO            LAA                      MDO        LAA   BATEF
 X       X          X          X                           X         X         X




 X       X          X          X                           X         X         X




                                  © 2011 Gravity Sourcing AB                                 9
Climate Management


The key factors to consider in Climate Management during the
negotiation are Time and emotional Tension
                                        20-25 subjects/clauses to be negotiated


                       Breaking point
                       (I can’t!)                                                     Important clauses



                            X
                                                                                                 Agreement
       TENSION LEVEL




                                    (“I want it at
                                     this price”)
                                                       Climate
                                                     Management




                                                              TIME


                                                         © 2011 Gravity Sourcing AB                          10
Climate Management


The negotiation clauses could be listed and evaluated taking your
LAA, MDO and BATNA into account
                                                                                       WEIGHTING
         Number                                   CLAUSE
                                                                                  BUYER     SUPPLIER

           1.         Reduction of administrative charges for order processing    3            3
           2.         Indexing of the prices based on Raw Materials               2            2
           3.         Elimination of the quality control costs at receipt         1            2
           4.         Guarantee on the delivery time (penalties on delays)        1            2
           5.         Awareness of the forecasted volumes                         3            1
           6.         Transportation costs to be charged to the customer          3            2
           7.         Weekly deliveries, stocks at the supplier’s warehouse       1            1
           8.         Partnership with the customer for the development of new    2            3
           9.          products (building customer’s loyalty)
           10.        Long term contracts                                         2            3
           11.        ...
           12.        ...


 1 = clause on which it is almost impossible to give up
 2 = exploratory clause
 3 = very negotiable clause



                                                   © 2011 Gravity Sourcing AB                          11
Climate Management



  Know the conflict areas and the “give-aways”




                             3             Gift Area                                      Trade Area


            Buyer            2                            Exploration Area


                             1           Break Area                                        Gift Area

                                                 1                     2                      3

                                                               Supplier


1 = clause on which it is almost impossible to give up
2 = exploratory clause
3 = very negotiable clause                                   © 2011 Gravity Sourcing AB                12
Climate Management



  Foresee and drive the profile of the discussion



      The sequence of the clauses:                                                        The climate during the negotiation

       begin with clauses 3 -3 to “break the ice"                                            1-3
                                                                                 1
       progressively increase the break risk,                                                                          1-1
        leaving the break high risk clauses (1-1) for
        the final phase
       the trend can fluctuate (see dashed line)




                                                                         Buyer
                                                                                              2-1   2-2
                                                                                 2




                                                                                              3-3                 1-2         3-1
                                                                                 3
                                                                                          3                   2                1
                                                                                                          Supplier




1 = clause on which it is almost impossible to give up
2 = exploratory clause
3 = very negotiable clause                                   © 2011 Gravity Sourcing AB                                             13
Roles & Responsibilities


A successful negotiation requires a preliminary agreement on the
roles of the players of the Buyer side

   The professionalism is mainly measured in the first meeting
    “There is never a second chance to make a good impression
   Nothing is more “appreciated” by a supplier than two colleagues who
      – do not speak the same language
      – do not share the same objectives
      – are both “good” or “bad”




                                     © 2011 Gravity Sourcing AB           14
Roles & Responsibilities


Spend some time to define Roles and Responsibilities of the
Negotiation Team and make sure to unify all members

   Unity within the team is the most important attribute
    Prior to entering into a negotiation, all members of the team should
    understand the subject (agree on BATNA etc.)
   Decide which information you are going to reveal during the negotiation, and
    which information should never be revealed
   The chief negotiator has to be articulate, a good team player and posses good
    presence of mind
   Preferably the entire team has some past experience in negotiation
   All the members in the team should posses at least one of the following
    qualities:
      – Technical Knowledge
      – Relationship Skills
      – Patience
      – Observational Skills
      – Behavior Analyzing Skills



                                          © 2011 Gravity Sourcing AB                15
Style and behavior during the negotiation


It’s important to understand the difference between relationship-
and substance based negotiations
  HIGH                                   ACCOMODATE                                                                   COLLABORATE
                                    ”Build friendly relationship”                                           “Problem solving aiming for win-win”
                             Promote harmony                                                              Search for common interests
                             Avoide substansive differences                                               Problem solving behaviors
                             Give into pressure to save relationship                                      Recognizing both parties’ needs
                             Place relationship above fairness of the                                     Synergistic solutions
   CONCERN FOR RELATION




                              outcome                                                                      Win-win becomes the main purpose

                                                                                  COMPROMISE
                                                                               ”Split the difference”
                                                                   Meeting half way
                                                                   Look for trade offs
                                                                   Reduce conflict rather than problem

                                            AVOID                                                                         DEFEAT
                                  ”Take whatever you can get”                                                      ”Be a winner at any cost”
                             Feeling of powerlessness                                                   Win- lose competition
                             Indifference to the result                                                 Pressure/intimidation
                             Resignation, surrender                                                     Adversarial relationships
                             Take what the other party is willing to                                     Defeating the other becomes a goal for the
                              concede                                                                     negotiator



  LOW                                                                   CONCERN FOR SUBSTANCE                                              HIGH


                                                                          © 2011 Gravity Sourcing AB                                                   16
Style and behavior during the negotiation



Body language may make a difference

  Confidence, cooperation
                                           Evaluation                    Suspicion / Dishonesty       Uncertainty / Indecision
        and honesty
   Leaning forward                Nodding                             Touching nose while             Cleaning glasses
   Keeping arms and palms         Maintaining good eye                 speaking                        Looking puzzled
    open                            contact                             Covering mouth                  Putting fingers to mouth
   Maintaining great eye          Tilting head slightly               Avoiding eye contact            Biting lip
    contact                        Stroking chin                       Crossing arms/legs              Tilting head
   Placing feet flat on floor     Touching index finger to            Moving body away
   Sitting with legs uncrossed     lips
   Smiling


      Boredom / lack of                                                          Submission /
                                      Disagreement / Anger                                                Dominance / Power
          interest                                                               Nervousness
   Failing to make eye              Getting red                       Move restlessly               Making piercing eye
    contact                          Pointing a finger                 Making minimum eye             contact
   Playing with objects             Squinting                          contact                       Putting hands behind head
   Staring blankly                  Turning body away                 Touching hands to face,        or neck
   Picking at clothes               Crossing arms or legs              hair etc.                     Placing hands on hips
   Looking at watch/door                                               Using briefcase to “guard”    Standing while
                                                                         body                           counterpart is seated
                                                                        Clearing throat




                                                         © 2011 Gravity Sourcing AB                                                  17
Style and behavior during the negotiation



Some general guidelines in how to behave during a negotiation…


   Be willing to negotiate in the first place
       – Some people may be too shy to talk about money
   Don't get emotionally involved
       – Keep calm, patient and friendly, even if the other person starts losing their cool
       – Make sure you leave any pride or ego at the door
   Never be the first person to name a figure
       – You may be surprised to discover they're offering a better deal than you thought
         were possible
     Ask for more than you expect to get
     Never set an absolute fixed deadline for when to finish the negotiation
     Let their impatience beat them
     Use the low key approach, i.e. don't act too interested
     Don't leave the other person feeling as if they've been cheated.




                                             © 2011 Gravity Sourcing AB                       18
Style and behavior during the negotiation


Tricks commonly used in negotiations
Always behave in a professional and ethical manner
    The Monkey On The Back
         –   "I have only got €10,000 in my budget"
    The Use Of Higher Authority
         –   "I need to have this agreed by my Board of Directors"
    Nibbling
         –   You are very vulnerable as the other side reaches for their pen to sign the order form, "Oh, by the way, this does
             include free delivery, doesn't it?”
    The Good Guy And The Bad Guy
         –   This is a tactic designed to soften you up in the negotiation
    The Use Of Silence
         –   During the negotiation, you may make a proposal and find the other party remains silent
    The Vice
         –   "You'll have to do better than that"
    The Power Of Legitimacy
         –   People believe what they see in writing.
    Take it or leave it
         –   This is the salary we are offering for the position. If it is unacceptable, then we will have to select someone else
             for the position.“
    High Ball / Low Ball
         –   "We will offer you $100,000 for the house (when it is worth $250,000).“
    Pre-Conditioning
         –   "Don't bother coming if you are going to tell me about price increases
         –   Waiting in reception, leafing through competitor's brochure, uncomfortable low chairs



                                                            © 2011 Gravity Sourcing AB                                              19
SUMMARY




      Summary




Questions or further info?
      www.gravitysourcing.se
fredrik.franzon@gravitysourcing.se
       +46 (0) 73 - 515 77 01




           © 2011 Gravity Sourcing AB   20

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Negotiation tools & methodology

  • 1. Introduction to negotiation tools, methodology and tactics Stockholm 2011-04-05
  • 2. Negotiation Introduction The negotiation is a dialogue with the intention to come to a mutually agreed solution  A dialogue between two or more parties, with the intent of coming to a mutually agreed solution, because each party has something the other wants  A communication process between two or more people in which they consider alternatives to arrive at mutually agreeable solutions or mutually satisfactory objectives © 2011 Gravity Sourcing AB 2
  • 3. Negotiation Introduction Do not confuse Negotiation with Bargaining  Do not confuse Negotiation (focused on VALUE) with Bargaining (focused on PRICE)  The success of the negotiation depends on its preparation  A golden rule: play the winner/winner game BARGAINING NEGOTIATING  Focus on PRICE  Consider the total of all CLAUSES  Act with FORCE  Act as a PARTNER  CONVINCE through strengths of personality  Base arguments on FACTS  Not having PREPARED your documents  Base arguments on prepared ANALYSIS  Think SHORT TERM  Think MID OR LONG TERM © 2011 Gravity Sourcing AB 3
  • 4. Negotiation Introduction Depending on the scale of the deal, some preparation may be appropriate for conducting a successful negotiation 1. Collect information; the more information you have, the better you will be able to negotiate (information to generate alternatives, strategies and ”convince” the other party. Information about the other party, market information, trends, technologies, published standards, guidelines, etc.) 2. Define your own LAA (Least Acceptable Agreement), MDO (Most Desired Outcome) and BATNA (Best Alternative To Negotiated Agreement) and do the same for the other side Your own and your suppliers’ negotiation clauses, objectives, least acceptable, arguments, tradeoffs, alternatives, consequences etc. 3. Handle the climate in the negotiation (Climate Management) 4. Prepare your team and individual roles 5. Understand the different styles to be used in relationship- and substance based negotiations 6. Be aware of how to behave, how the other part behave and what tricks you may be faced by from the other party during the negotiation © 2011 Gravity Sourcing AB 4
  • 5. Collect Information Our own process collects key information, step- by step throughout the strategic sourcing project Key information at the fingertips of the negotiation team Total Cost & Supplier Purchasing Suppliers Needs Market Bids Analysis Strategy suggestions Analysis Analysis Buyer Objectives  ... … …  Definition of negotiation clauses Knowledge  ...  Work out the negotiation session Acquired - define the roles Supplier Objectives - drive of the forecasted profile of  ... the discussion … …  ... © 2011 Gravity Sourcing AB 5
  • 6. BATNA MDO and LAA determine our boundaries of the negotiation Our needs Our wants Most Desired Outcome (MDO) Least Acceptable Agreement (LAA)  Minimum price in the market  Maximum accetable price that meet profit goals  Shortes delivery time possible  Market advantage delivery time  Performance exceeding specifications  Product performance to meet specifications  Longer term price guarantee  Price firm for one year © 2011 Gravity Sourcing AB 6
  • 7. BATNA The Best Alternative To a Negotiated Agreement (BATNA) is our contingency plan if we cannot come to an agreement  BATNA is what we will carry out if the other part is not willing to accept our needs (LAA), i.e BATNA is not the same as our (LAA)  The more attractive your BATNA is compared with the proposals you receive, the more Power you have  BATNA should take all considerations into account, such as relationship value, time, value of money and the likelihood that the supplier will live up to their side of the agreement. These other considerations are often difficult to value, since they are frequently based on uncertain or qualitative considerations, rather than easily measurable and quantifiable factors  BATNA help us to – Value more realistically our power of negotiation – Assure that we do not achieve prices at any cost – Evaluate the different perspectives of any of the considered © 2011 Gravity Sourcing AB 7
  • 8. BATNA Analyzing your own and your suppliers MDO, LAA and BATNA will hopefully identify a “Zone Of Possible Agreement” Overlap between our LAA and supplier LAA enables a deal our MDO our LAA “ZOPA” supplier LAA supplier MDO Deal possible within “ZOPA” Zone Of Possible Agreement Our Supplier Without overlap the deal will break and the contingency plan (BATNA) will be realized our MDO our LAA supplier LAA supplier MDO BATNA Our Supplier © 2011 Gravity Sourcing AB 8
  • 9. BATNA The communications with a specific supplier should be prepared exploiting our levers and their needs Our Supplier AREA MESSAGES MDO LAA MDO LAA BATEF X X X X X X X X X X X X X X © 2011 Gravity Sourcing AB 9
  • 10. Climate Management The key factors to consider in Climate Management during the negotiation are Time and emotional Tension 20-25 subjects/clauses to be negotiated Breaking point (I can’t!) Important clauses X Agreement TENSION LEVEL (“I want it at this price”) Climate Management TIME © 2011 Gravity Sourcing AB 10
  • 11. Climate Management The negotiation clauses could be listed and evaluated taking your LAA, MDO and BATNA into account WEIGHTING Number CLAUSE BUYER SUPPLIER 1.  Reduction of administrative charges for order processing 3 3 2.  Indexing of the prices based on Raw Materials 2 2 3.  Elimination of the quality control costs at receipt 1 2 4.  Guarantee on the delivery time (penalties on delays) 1 2 5.  Awareness of the forecasted volumes 3 1 6.  Transportation costs to be charged to the customer 3 2 7.  Weekly deliveries, stocks at the supplier’s warehouse 1 1 8.  Partnership with the customer for the development of new 2 3 9. products (building customer’s loyalty) 10.  Long term contracts 2 3 11.  ... 12.  ... 1 = clause on which it is almost impossible to give up 2 = exploratory clause 3 = very negotiable clause © 2011 Gravity Sourcing AB 11
  • 12. Climate Management Know the conflict areas and the “give-aways” 3 Gift Area Trade Area Buyer 2 Exploration Area 1 Break Area Gift Area 1 2 3 Supplier 1 = clause on which it is almost impossible to give up 2 = exploratory clause 3 = very negotiable clause © 2011 Gravity Sourcing AB 12
  • 13. Climate Management Foresee and drive the profile of the discussion The sequence of the clauses: The climate during the negotiation  begin with clauses 3 -3 to “break the ice" 1-3 1  progressively increase the break risk, 1-1 leaving the break high risk clauses (1-1) for the final phase  the trend can fluctuate (see dashed line) Buyer 2-1 2-2 2 3-3 1-2 3-1 3 3 2 1 Supplier 1 = clause on which it is almost impossible to give up 2 = exploratory clause 3 = very negotiable clause © 2011 Gravity Sourcing AB 13
  • 14. Roles & Responsibilities A successful negotiation requires a preliminary agreement on the roles of the players of the Buyer side  The professionalism is mainly measured in the first meeting “There is never a second chance to make a good impression  Nothing is more “appreciated” by a supplier than two colleagues who – do not speak the same language – do not share the same objectives – are both “good” or “bad” © 2011 Gravity Sourcing AB 14
  • 15. Roles & Responsibilities Spend some time to define Roles and Responsibilities of the Negotiation Team and make sure to unify all members  Unity within the team is the most important attribute Prior to entering into a negotiation, all members of the team should understand the subject (agree on BATNA etc.)  Decide which information you are going to reveal during the negotiation, and which information should never be revealed  The chief negotiator has to be articulate, a good team player and posses good presence of mind  Preferably the entire team has some past experience in negotiation  All the members in the team should posses at least one of the following qualities: – Technical Knowledge – Relationship Skills – Patience – Observational Skills – Behavior Analyzing Skills © 2011 Gravity Sourcing AB 15
  • 16. Style and behavior during the negotiation It’s important to understand the difference between relationship- and substance based negotiations HIGH ACCOMODATE COLLABORATE ”Build friendly relationship” “Problem solving aiming for win-win”  Promote harmony  Search for common interests  Avoide substansive differences  Problem solving behaviors  Give into pressure to save relationship  Recognizing both parties’ needs  Place relationship above fairness of the  Synergistic solutions CONCERN FOR RELATION outcome  Win-win becomes the main purpose COMPROMISE ”Split the difference”  Meeting half way  Look for trade offs  Reduce conflict rather than problem AVOID DEFEAT ”Take whatever you can get” ”Be a winner at any cost”  Feeling of powerlessness  Win- lose competition  Indifference to the result  Pressure/intimidation  Resignation, surrender  Adversarial relationships  Take what the other party is willing to Defeating the other becomes a goal for the concede negotiator LOW CONCERN FOR SUBSTANCE HIGH © 2011 Gravity Sourcing AB 16
  • 17. Style and behavior during the negotiation Body language may make a difference Confidence, cooperation Evaluation Suspicion / Dishonesty Uncertainty / Indecision and honesty  Leaning forward  Nodding  Touching nose while  Cleaning glasses  Keeping arms and palms  Maintaining good eye speaking  Looking puzzled open contact  Covering mouth  Putting fingers to mouth  Maintaining great eye  Tilting head slightly  Avoiding eye contact  Biting lip contact  Stroking chin  Crossing arms/legs  Tilting head  Placing feet flat on floor  Touching index finger to  Moving body away  Sitting with legs uncrossed lips  Smiling Boredom / lack of Submission / Disagreement / Anger Dominance / Power interest Nervousness  Failing to make eye  Getting red  Move restlessly  Making piercing eye contact  Pointing a finger  Making minimum eye contact  Playing with objects  Squinting contact  Putting hands behind head  Staring blankly  Turning body away  Touching hands to face, or neck  Picking at clothes  Crossing arms or legs hair etc.  Placing hands on hips  Looking at watch/door  Using briefcase to “guard”  Standing while body counterpart is seated  Clearing throat © 2011 Gravity Sourcing AB 17
  • 18. Style and behavior during the negotiation Some general guidelines in how to behave during a negotiation…  Be willing to negotiate in the first place – Some people may be too shy to talk about money  Don't get emotionally involved – Keep calm, patient and friendly, even if the other person starts losing their cool – Make sure you leave any pride or ego at the door  Never be the first person to name a figure – You may be surprised to discover they're offering a better deal than you thought were possible  Ask for more than you expect to get  Never set an absolute fixed deadline for when to finish the negotiation  Let their impatience beat them  Use the low key approach, i.e. don't act too interested  Don't leave the other person feeling as if they've been cheated. © 2011 Gravity Sourcing AB 18
  • 19. Style and behavior during the negotiation Tricks commonly used in negotiations Always behave in a professional and ethical manner  The Monkey On The Back – "I have only got €10,000 in my budget"  The Use Of Higher Authority – "I need to have this agreed by my Board of Directors"  Nibbling – You are very vulnerable as the other side reaches for their pen to sign the order form, "Oh, by the way, this does include free delivery, doesn't it?”  The Good Guy And The Bad Guy – This is a tactic designed to soften you up in the negotiation  The Use Of Silence – During the negotiation, you may make a proposal and find the other party remains silent  The Vice – "You'll have to do better than that"  The Power Of Legitimacy – People believe what they see in writing.  Take it or leave it – This is the salary we are offering for the position. If it is unacceptable, then we will have to select someone else for the position.“  High Ball / Low Ball – "We will offer you $100,000 for the house (when it is worth $250,000).“  Pre-Conditioning – "Don't bother coming if you are going to tell me about price increases – Waiting in reception, leafing through competitor's brochure, uncomfortable low chairs © 2011 Gravity Sourcing AB 19
  • 20. SUMMARY Summary Questions or further info? www.gravitysourcing.se fredrik.franzon@gravitysourcing.se +46 (0) 73 - 515 77 01 © 2011 Gravity Sourcing AB 20