Acquisition of a computer: Legal pitfalls

Abstract It is clear that the content of an agreement to purchase a computer is very important. The main reasons are the high purchase price of a good configuration and the important damage if an implementation fails. It is furthermore obvious that the contents of the standard agreements used by the manufacturers are as aggressive as their high pressure sales techniques. Some particularly exorbitant clauses of these standard-agreements make it necessary to defend the customer more than usual. 1. a. Many have a clause that excludes: (1) the contents of the request for proposal, whenever they exist: (2) other written or verbal agreements and representations: (3) specifications in publicity of the supplier; and (4) even the contents of the supplier's offer. It is clear that such a clause is dangerous, because there is often a great difference between the vendor's publicity or offer and the contents of the standard-agreement. 2. b. There are also clauses in most contracts aiming to reduce (even to annihilate) the obligations of the supplier or warranties normally provided in other contracts. 3. c. There are even standard-agreements allowing the vendor to alter unilaterally some clauses of the contract by sending a registered letter to the customer. These examples should be enough proof to make sure that the vendee reads a contract carefully before signing, or at least takes advice of a good technical consultant before completing a deal.