When an offer price is described as non-negotiable, it means that it is not possible to haggle about it. Where a party sets a non-negotiable price, the possibility of negotiation has been effectively eliminated by the former party`s unwillingness to participate in such an interview. 5. Read the entire agreement. Does it clearly say what the seller promised? Do not accept unwritten or secondary promises. Your attitude should be that if it`s not in the contract, it`s not in the agreement. Many sellers don`t put much effort into making the terms and conditions a reality in writing, so you need to insist on details and clarity. 14. Get and keep a copy of the fully signed agreement – one with your signature and that of the seller. Sometimes deadlines are based on the date on which the agreement was signed by both parties. The seller usually signs last and you might need this date to set up your memories. 12.
Avoid signing the contract in your individual capacity and avoid signing personal guarantees. You want the potential ability to move away from contract obligations if your business fails. Make sure your legal entity (your company or LLC) is the party to the agreement. Use the full name of the company, including “Inc.” or “LLC.” Add your title to the signature, for example. B “President” or “Executive Member”. This situation recently appeared for one of my clients in the technology sector. The client, a salesperson, was offered a potential job opportunity in a private company. The company did not give details about the nature of the opportunity and asked it to sign a confidentiality agreement. I have analysed the agreement and proposed some amendments to limit its very broad scope and duration and to remove a vague non-competition clause.
The client forwarded my revisions to the company and received a response that the terms are not negotiable and no changes are accepted. 11. Sometimes a provider does not accept any changes to the text of its default agreement, but accepts certain changes indicated in a custom addendum. This type of engagement can be a huge business advantage and, while it doesn`t involve reading a critical service or hosting highly sensitive data, it`s entirely appropriate. The trick is to make sure you have a way out of those commitments. This means that you need to make sure that you have clear termination rights. Since the service is likely to be provided with little or no guarantees or standards of performance, a right of termination requiring proof of an infringement on the part of the provider is of little practical use. This is due to the fact that it is not possible to prove a supplier in an infringement (and therefore terminate the possibility) if the seller has no actual obligations under the agreement.
In other words, the right of termination must be simpler: “The customer may terminate this contract at any time, without justification or additional obligation, with a period of fourteen days before written notification to the seller”. Conclusion: do not sign a contract unless you have read, understood and accepted the terms. If you understand the terms and disagree, you have three options: negotiate more favorable terms, move away from the deal, or roll the dice. 10. Try to mark the contract anyway. The initial and date of all changes you submit, sign and date the contract. Even if the supplier says the contract is not negotiable, the changes you have made are sometimes not covered or rejected. Keep a copy of what you`ve marked so you can prove it later. 9. If you discover “non-negotiable” terms you don`t like, make the seller your agent. Tell the seller, “I don`t like provision X and I don`t want to sign an agreement with X, so what can you do about it?” So be patient.