On Thu, Jun 4, 2009 at 12:28 PM, John Glover <[log in to unmask]>wrote:

> N
> My last recommendation to my Records Management friends is to stop signing
> those one-sided contracts.
> Create a Statement of Work, as Doug from 360 recommended, that dictates
> your needs, is in line with your records management policies and protects
> your company's assets.
>


I couldn't agree more. Involve your Legal/Contracts dept in the
development/negotiations. At a previous employer I worked with one of the
attorneys in renegotiating a national contract. I provided this attorney
with the vendor's standard T&Cs and pointed out the problems I had with it
especially with the "waiver of liability". Let the attorney do the
negotiating that is what they are there for. If the vendor wants your
business they will negotiate. what was surprising is that this particular
vendor assigned a paralegal to do the negotiations. When they saw that we
would not waive liability they stopped negotiating. The attorney assigned to
work with me said "don't worry, we'll set that aside for the moment and come
back to it, lets get the other stuff you want first. we'll be able to get
what you want."

I worked with another vendor on a different national contract. This vendor
was open and honest with us. There was give and take and they even agreed to
change their billing process so that our accounting department would
understand what was being billed.

I can also remember back almost 20 years ago when at another company our
contract review team spotted something that I didn't in the vendor's
standard T&C. This item said that if we fell below 80% of the initial input
during the contract we would be billed for a minimum of 80% not actual
usage. That was a no go, and if the contract hadn't been reviewed by another
set of eyeballs I would have signed it and then had to explain why I was an
idiot. Because another set of eyeballs did review it we were able to get
that clause removed as being unacceptable.



-- 
Peter Kurilecz CRM CA
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Richmond, Va
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