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Read the Fine Print in Equipment Lease Contracts

Some business owners look over equipment
leasing contracts carefully. They make notesFor 30 or 60 days, your lessor is free to
and question obscure language. They thenearn interest on your cash. You can try to
send the document to their lawyer for reviewnegotiate  this  if  you  pay  attention.
and request that changes be made. The
attorney then contacts the leasing company toEquipment leases can be short or long term.
negotiate the most favorable terms. HowThey cover goods ranging from heavy
often does this chain of events occur? Veryconstruction equipment to telephone systems
rarely.and copying machines. Some questions,
however, relate to leases of many different
Managers tend to skim through the contract.kinds  of  equipment.
Most agreements are on forms, so little
thinking happens and big problems occur.Lessees need to know, for example, whether
Nowhere is this more true than in equipmentthey can move equipment to a new location
leasing.without written consent for which they may
have to pay. Computers and other technology
Remember, the only time you can negotiate isproducts need upgrades often. You need strong
up front. Once you've signed off, you'release language if you want the lessor to pay
obligated.. Here are a few things to know andfor upgrades, adding costs to lease payments.
understand  about  equipment  leasing.
Much the same holds true for alterations and
Choose  and  experienced  lease  broker:modifications, which leasing companies
usually accept when they're easy to remove.
Make sure your broker has an adequate numberAdditions and alterations, however, may be
of leasing companies he deals with. A brokertaxable  income  to  the  lessor.
worth his salt will pick the right one for
your  situation  and  needs.Lease  Termination
Don't  pick  a  lessor  first:Early termination probably is the most common
equipment leasing problem because you can't
Make them compete for your business. Once asell goods under a lease. You're a lessee,
vendor has your account, there's not muchnot  an  owner.
motive  to  negotiate.
Often, the termination price is the total of
Know  What  you  Want:all payments remaining. Other approaches
involve preserving the lessor's
Expand your knowledge. Know your lessor. Willoriginally-anticipated yield. If you haven't
upgrades and additional needs be provided?done so already, this is a good time to call
Will the lessor help with regulatory changes?your accountant to help you make the best
What about flexibility at the end of thepossible  deal  and  to  understand  it.
lease?
Provisions for early termination, early
Know  your  equipment:buyout, subleasing and assignment protect
lessees. They are not, however, going to be
Will it become obsolete during the leasein that printed-form contract, and they're
term? Will you need more of it? Less? Mostnot going to be in the deal at all unless you
equipment leases start with acceptance orput  them  there.
commencement. On that date, you inspect the
product and pronounce it fit for service.Other provisions protect you when the lease
Then it's yours, even though the equipment isends. De-installation date is a key
in a lessor's warehouse or in a boxcar. Yourprovision. Do you dismantle equipment, crate
lease shouldn't begin until you're using theit  and ship in on your dime or the lessor's?
equipment  successfully.
Don't take anything for granted. Most form
Make  sure  the  equipment  works:leases require shipment to anywhere in the
United States. Maybe you can cap that, or
All equipment leases include a non-negotiablelimit it to a specific distance such as 100
"hell-or-high-water" clause that makes youmiles. If you want to keep items, can you do
pay regardless of whether equipment works.so and still send back part of the equipment?
Unless you love paying for equipment that
just sits there, be certain it operates whenMost leases state a "fair market value" at
you accept it. If things are complicated putwhich you'll return goods to the lessor. You
an engineer or other expert on it. Remember,need to understand how that's calculated and
once  you  accept,  you  pay  every  month.what charges it includes. Again, this may be
a  good  time  to  talk with your accountant.
Alternations  and  other  details:
Equipment leasing continues to be a
Most lessors buy equipment from manufacturerssignificant source of financing for
or wholesalers before they deliver it to you.businesses of all sizes. To maximize its
Then they take your money and, perhaps amany advantages, however, you must study
month or two later, pay on account to theevery detail in the contract.
manufacturer  or  wholesaler.



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