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Showing posts with label equipment leasing. Show all posts
Showing posts with label equipment leasing. Show all posts

Tuesday 15 July 2014

Top Mistakes with Equipment Leasing

Summary:
When negotiating on equipment leasing contracts, small business and corporate accounts should review all the legal terms in order to avoid the top mistakes associated with leasing equipment.  These rules are applicable in multiple areas of equipment leasing from educational, computer and engineering equipment leases.

Article Body:
When negotiating on equipment leasing contracts, small business and corporate accounts should review all the legal terms in order to avoid the top mistakes associated with leasing equipment.  These rules are applicable in multiple areas of equipment leasing from educational, computer and engineering equipment leases.

Mistakes to Be Avoided in Contracts

One of the primary mistakes made when negotiating their lease is the use of a very short contract. The short contract text may not address issues involving problems with software in computer leases or litigation issues such as employee piracy.  Other issues that are not addressed in many short contracts include:

Software transaction agreements
Troubleshooting Support Issues
Clauses handling provider’s going out of business

It’s important to make sure that all parties have their expectations clearly outlined in the contract. The contract helps avoid mistakes in leasing equipment by detailing the obligations of both parties. Contracts that possess clarity and completeness are important and the shorter the contract, the more likely there will be legal risks and ramifications for the company leasing the equipment.

Performance Details

The contract should detail the performance of the equipment. If someone is leasing a computer system, a server or a backhoe, they need to know that it will handle the load they are preparing to deliver to it. The performance details are an area where equipment can fail in leasing if they are not clearly stated. It’s important to make sure that both parties have those issues clarified before closing on any contracts or deals regarding performance issues.

Structure Defects

Structuring agreements is key to understanding where responsibility lies. An equipment leasing agreement needs to stipulate the structure of the deal. In other words, the salesman is unlikely be the primary contact for system defects. The primary contact may be the manager in charge of that account, but they will likely only handle negotiation issues. Customer support issues may be directed elsewhere. That structure and allocation of responsibility must be clearly spelled out in the contract.

Equipment Hardware Leasing Specialties

When leasing computer equipment, there are often software leases that are required. It’s important to coordinate the duration of the software leases to be comparable with the duration of the equipment lease. It’s important to ensure the compatibility of all leased equipment with other equipment from different vendors. It’s also important to make sure that a project’s start and completion dates are commiserate with the equipment lease. Balancing the needs of the developers with the equipment support is a difficult thing to assess, but it’s important to make sure that the leases support the needs of the company small or large.

Solicitors Not Welcome

Solicitors (lawyers) are often not consulted during the initial drafting of equipment leasing. This is a mistake, especially for small businesses that do not possess an in house legal team. Lawyers can help smooth the transaction and avoid loopholes that might cause legal problems for both parties during an equipment lease. However, when utilizing a lawyer, it’s important to find one experienced in lease transactions.

The Results versus The Resources

Be sure to clearly define the need for the equipment lease. Most leasing companies see themselves as providing resources. Companies large and small are not looking for a resource as much as they are looking for a result. It’s the end of the line result they are seeking most of all.

Communication

Clear communication is important from the get go. When negotiating for an equipment lease, be sure to have all questions answered prior to agreeing. Companies make a mistake in leasing equipment from a vendor if they have trouble getting them on the phone or returning calls. Those issues can lead to service problems in the future.

Be Realistic In Expectations

Client companies must be realistic about what they are expecting. Vendors will usually negotiate and do their best to fill customer requirements, however the client company must also keep in mind industry standards and limitations. While technology continues to grow, it’s important to realize that not every goal has been achieved as yet.

Short Term Versus Long Term

The final and most important mistake made in equipment leasing is considering a contract as something that needs to be closed immediately in order to make a deadline that occurs in the next few weeks. Realistically speaking, avoiding looking at the long-term effects of an equipment lease may leave the client with a piece of equipment they do not need or a bad contract altogether. If their short-term goal is to launch a new product or get the foundation of a new project started, but the equipment will not help in the long-term goal, that should be addressed.

Equipment leasing provides numerous benefits to businesses large and small. It’s important to recognize the benefits, but to also avoid the pitfalls of mistakes that can be made when negotiating an equipment lease.


Benefits of Leasing Equipment

Summary:
Leasing equipment provides the lessee with all the following benefits of utilizing the equipment without having to pay the up-front costs or assuming the risk of ownership. A lease is one of the best ways for businesses to stay on top of the development curve. With so many new developments that occur (particularly in the technology areas) equipment leasing is less financially expensive.


Article Body:
Leasing equipment provides the lessee with all the following benefits of utilizing the equipment without having to pay the up-front costs or assuming the risk of ownership. A lease is one of the best ways for businesses to stay on top of the development curve. With so many new developments that occur (particularly in the technology areas) equipment leasing is less financially expensive. Running a business means making sound financial decisions that improve the condition and quality of a business. Equipment leasing provides such a benefit along with:

  • Minimal Cash Outlay
  • Overcoming Budgetary Limitations
  • Avoidance of Obsolescence
  • Flexibility in Terms and Equipment
  • Conservation of the Business’ Working Capital
  • Increased Opportunities 
  • Tax Benefits
  • Fast Applications 
  • 100% Financing

The minimal cash outlay allows a business to conserve their own capital. A lease also provides for servicing equipment failures. When managing a large computer room, owning all the computer equipment would place not only the upfront cost of purchasing the equipment, but also maintenance and repair as needed. Businesses that conserve personal business capital and lines of credit can handle the more mundane day-to-day expenses and unexpected events.

Budgetary concerns over new equipment purchases can be circumvented through equipment leasing. Operating budgets tend to be more flexible than a capital budget. The lease terms can be as flexible as required and are often negotiable on an individual basis. Lease terms are usually much longer than a standard bank loan, which makes their payment terms even better.

The ability to upgrade remains one of the best benefits of equipment leasing. Businesses grow; technology changes and the needs of both can change year to year. Equipment leasing allows businesses to benefit from developments on both sides of the aisle. Lease terms may also be structured to handle these changing situations.

Considering this multitude of benefits for equipment leasing, it’s not surprising that more and more businesses are reaching out to lease their equipment rather than purchase it. The benefits of leasing are not limited to the computer industry or to large corporations. Small businesses can benefit even more from equipment leasing than a large corporation may.

In a contest of leasing versus buying, leasing wins most of the time. Imagine the small business that houses only two employees. Their working capital may afford a couple of PCs and some exterior accounts to host a website. When a PC in the office goes down, if they are not leasing they will need to replace the machine. In general, the cost of replacing a standard PC is significantly lower than repairing one.

Small businesses need the ability to remain flexible, to upgrade and to keep their machines in maintenance and up to date. Even more than their corporate big brother, they need to know they will remain on the cutting edge of the industry in order to make better business decisions. A small construction company that has no access to certain types of equipment will not be able to take on more challenging jobs. The graphic’s designer that doesn’t have the equipment to support the latest software will find himself or herself less competitive. An accountant that doesn’t have the disk space to maintain growing accounts will have to turn away business.

Leasing equipment makes sense on a variety of financial levels, but also on levels addressing future growth. The business that takes advantage of these benefits are planning two steps ahead of their own niche market and will likely avoid being trumped by their competition. So whether a business is large or small, thinking ahead provides them with opportunity. What is the best benefit a business can receive from leasing their equipment? Opportunity.