A Legal Guide To TECHNOLOGY TRANSACTIONS A COVID-19 Update…

USE DETAILED SPECIFICATIONS AND RFP/PROPOSAL FOR VENDOR SELECTION

Why is this system being purchased, what components are sufficient, and what service levels are necessary?

It is important to first analyze the particular needs of your business, the capabilities and capacities required of the contemplated system, and the ability of a proposed system to fulfill those needs. Take time to prepare a detailed written statement of the functions and performance you expect from the new system. These requirements and specifications can be written either by your own staff or by an independent consultant. Once you have documented your specific needs you can prepare a Request for Proposal (RFP) withsufficient detail to solicit vendors. These requirements and specifications can then be made part of any final written agreement. You might assume in acquiring technology that it will perform just as it was demonstrated or tested. You might also assume that it will certainly meet your specific needs. Do not count on the technology vendor to guarantee such performance. Forget about all those wonderful statements, whether oral or in writing, made by the sales representatives and others who are anxious for you to acquire their system or the latest and greatest technology solution. In fact, the vendor’s standard contract will most likely specifically disclaim any warranties and state that any promises or assurances made by the sales representatives or others, even in writing, are not valid or enforceable.

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