Mar
29
Things to Consider When Negotiating Equipment Leasing
By
Leasing contracts can be rather complicated but have turned to be an excellent tool for financing small businesses. If you decide to lease equipment you should take into consideration the following tips in order to avoid problems in the future.
General Contract Precautions
As with any other contract, you should try to include in them all the necessary terms you and the other part can think of. Short contracts tend to be more likely to generate legal conflicts than long ones. Thinking ahead of what may happen and what problems may arise will let you think of a solution that can be applied thus avoiding legal confrontation.
Seek legal advice and make sure the contract uses specific terms and that there are no ambiguous or unclear terms that may generate controversy over the contract’s conditions. Reviewing the contract terms with the other party can be very beneficial since you can agree on what certain terms mean for each of you and conciliate both positions prior to signing the contract. Otherwise, the solution to such controversies would have to be found in a court.
Review the contract as many times as necessary in order to avoid future difficulties. If possible, let it be analyzed by a professional legal consultant and a professional accountant too. This way you will have both a legal view and an economic view of the contract’s effects.
Specific Contract Precautions
Be specially cautious when leasing software alone or along with hardware. Software as any other intellectual property has several legal protections that can cause you problems. Bear in mind that software is easy to copy and can be subject to piracy, so take the necessary precautions both in the contract and at your business so as to avoid problems with it.
The use that you will give to the equipment you lease should be included in the contract along with any provisions as to what your needs may be in the future. The equipment provider must commit to deliver equipment suitable for the task and for the amount of work it will have to do. Otherwise, the equipment may not be useful or may not fulfill all your needs and you would still be stuck with it for the duration of the contract.
Regarding repairing and support, the contract conditions that deal with these issues can be negotiated, but make sure it is clear in the contract who takes responsibilities when a technical problem arises and who do you need to contact in order for your problem to be solved. If technical support is handled by a third party, it needs to be individualized and it must also be clear how the third party and the provider are related both commercially and legally.
Finally, you need to understand that the kind of relation that a leasing contract creates, has many consequences that can be categorized in the following fields: Commercial, Fiscal, Legal, Financial and Workforce. All this aspects should be analyzed prior to closing any deal. You should take all the time that you need. Do not let avid salesman push you towards a deal that might not help your business.
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