18.3 Contracts
A mutually acceptable, clear, and complete contract is essential and benefits both purchaser and vendor. For a complete system, two contracts should be entered into, one for purchase and one for maintenance. It can also be appropriate to make separate contracts for software and hardware. The purchase agreement should contain a short description of the equipment scope and the mode of payment. Normally, the delivery will have a guarantee period, so the goods and services supplied under guarantee must be specified. Joint activities and responsibilities may be described as needed. The contract should contain guidelines for confidentiality between the contracting parties and how ownership (hardware) and use rights (software) are to be transferred to the purchaser. The treatment of delivery delays must be specified, as well as how any breach of contract is to be handled.
A maintenance agreement should contain a description of its scope and limitations and of the services to be supplied for its duration. It should also describe the financial and payment conditions and how any breach of contract is to be handled.
The final decision
The final decision to procure a GIS should be made only after contract negotiations have been completed and all financial and legal aspects have been clarified. Careful specification, bid evaluation, and contracting procedures, as discussed earlier, ensure the best decision. But only future use can determine whether the right choices have been ...
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