Monthly Archives: September 2016

Escrow Agreements The word “Escrow” as a noun means “a bond, deed or other document kept in the custody of a third party and taking effect only when a specified condition has been fulfilled.” “Escrow is not an acronym. It is derived from the Middle English word “escrow”, which means “scroll” or parchment. We are […]

Over the last week or so we have published extracts of clauses from an IT System Provider’s Terms and Conditions ( the Fine Print). We have done this to raise awareness of their implications to your business and to stimulate debate. The extracts in question are replicated below: “Where Hardware is to be supplied XXX shall supply […]

  The last of the clauses in this series is short and on the face of it appears innocuous. “In respect of Hardware XXX warrants that it shall be in such condition at the time of delivery as to be acceptable as the subject of the normal maintenance agreement offered by XXX.” Many would not […]

Fine Print 3   In this the third extract from an IT System Provider’s Terms and Conditions the Seller is seeking to place obligations on the Buyer. Nothing unusual in that  and it is good practice to detail who is responsible for each aspect. But do you think the following clause would be accepted by […]

Reading the Fine Print 2 The second instalment of an IT System Provider’s  terms and Conditions extract for your review. Have you seen similar clauses? Extract 2 “Where installation is to be provided XXX shall carry out the Works and shall make all reasonable endeavours to comply with the Anticipated Completion Date but such date […]

Reading the Fine Print We have been reading a proposal from a company selling IT Systems.  There were some interesting clauses in the fine print. Over the next few days we will offer extracts, suitably anonymised,  for your contemplation. Many companies sign up to such terms without question. Would you accept these at face value? […]

New York IT Procurement – Round 2 Introduction & Health Warning Please refer to our health warning in our earlier briefing paper. In this ‘episode’ we are expanding on another issue that warrants a ‘lessons learned’ review. Poor DoITT Contract Management Contributes to Increased Contract Expenditures The Audit Report comments that “DoITT did not reduce […]