Redlining on the Fly
Have you ever been in a situation where you're negotiating a contract with a vendor, and the vendor calls you and asks you to be on a teleconference with their contracts person to just generally "talk" over the agreement? You know, in the spirit of getting the deal done, blah, blah?
In all likelihood, there was a short time between the vendor's initial call and the teleconference. Something like the vendor calls you in the morning, and then wants to do the teleconference in the afternoon, right? You're not sure what the discussion is going to focus on because you don't have any actual redlines from the vendor's contracts person.
Well, if that has happened to you, you've been suckered by a vendor ploy which I call "Redlining on the Fly." The vendor doesn't want to talk generally around the contract (even though that's what they said or implied)--they'll get into specifics and details, trust me. If you're like me, I need some "quiet time" to evaluate a vendor's redlines. The English language, especially contract language, can be very tricky and merits some reflection. But when you get on that teleconference with the vendor's contracts person, you haven't seen their redlines, and the vendor starts describing the changes they'd like to make to the contract, you're at a significant disadvantage and you're on the defensive. You'll feel embarrassed or anxious that you're not prepared, and you may acquiesce to the vendor's requested changes to save face. And the vendor knows that...
DON'T DO IT!
I have no qualms telling a vendor that I cannot redline on the fly, and instead, need to first see their redlines. I can guarantee you that the vendor's contracts person has studied the contract and their redlines to the nth degree before getting on the teleconference. That means they're totally prepared and you're totally unprepared because there's now way you can effectively anticipate their possible changes. If you come across this situation in the future, tell the vendor that you need to see actual redlines from them and that you need adequate time to review the redlines. That's not embarrassing or showing that you're weak in anyway--it's the opposite, it shows that you're shrewd and prudent, and won't be suckered by lame vendor ploys like "Redlining on the Fly."
In all likelihood, there was a short time between the vendor's initial call and the teleconference. Something like the vendor calls you in the morning, and then wants to do the teleconference in the afternoon, right? You're not sure what the discussion is going to focus on because you don't have any actual redlines from the vendor's contracts person.
Well, if that has happened to you, you've been suckered by a vendor ploy which I call "Redlining on the Fly." The vendor doesn't want to talk generally around the contract (even though that's what they said or implied)--they'll get into specifics and details, trust me. If you're like me, I need some "quiet time" to evaluate a vendor's redlines. The English language, especially contract language, can be very tricky and merits some reflection. But when you get on that teleconference with the vendor's contracts person, you haven't seen their redlines, and the vendor starts describing the changes they'd like to make to the contract, you're at a significant disadvantage and you're on the defensive. You'll feel embarrassed or anxious that you're not prepared, and you may acquiesce to the vendor's requested changes to save face. And the vendor knows that...
DON'T DO IT!
I have no qualms telling a vendor that I cannot redline on the fly, and instead, need to first see their redlines. I can guarantee you that the vendor's contracts person has studied the contract and their redlines to the nth degree before getting on the teleconference. That means they're totally prepared and you're totally unprepared because there's now way you can effectively anticipate their possible changes. If you come across this situation in the future, tell the vendor that you need to see actual redlines from them and that you need adequate time to review the redlines. That's not embarrassing or showing that you're weak in anyway--it's the opposite, it shows that you're shrewd and prudent, and won't be suckered by lame vendor ploys like "Redlining on the Fly."







Steve
absolutely shouldn't get suckered into this trap.. I can relate to this. although in another context. The call was to cover some general issues . I wouldn't budge on the vendor acting as a pass through for anothers vendors terms and not having it stated separately in the other agreement.
I thought it was going to be a quick call. But these two unnamed large vendors decided to bringing in a slew of attorney's for the call. Me againist eight attorney's plus the global account managers for both companies. Needless to say I still stuck my ground , but I wasn't expecting such a big party.
BTW I got my terms..
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