PPM Attorneys’ helpful hints negotiating information technology hardware contracts

Negotiating the contractual aspects of supplying IT hardware doesn’t have to be the downside of landing the deal.

Negotiating the contractual aspects of supplying IT hardware doesn’t have to be the downside of landing the deal. Providing the right information from the project’s inception can go a long way in making the contractual process less of a hindrance to getting the job done.
To ease your contractual woes, we have prepared a general guideline of the information that a legal department will require from you, to finalise an IT hardware contract.

  • Be able to give a description of the product and services your company will be providing, e.g. setting up and maintaining a network.
  • Know what your company will be charging for the products and services, also how and when payment should be received.
  • Know where the job site will be – the customer may have different branch offices
  • Know whether any pre-handover tests will be required.
  • Be clear on who will carry out different aspects of the hardware installation – will some aspects be outsourced to third parties, e.g. server room air-conditioners?
  • Be able to confirm whether any guarantees or warranties will be given in respect of the hardware being installed and the services being provided.
  • Has your company offered to train the customer’s staff in the use of the hardware?
  • Will your company be required to provide maintenance services for the hardware or network and, if so, be able to give a description of what will be required?
  • Know what rates will be charged for maintenance services and if the maintenance services are complex, consider requesting that a service level agreement be drafted.
  • Know what the duration or term of the service level agreement will be and whether the customer may require that the service level agreement be renewed
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