Read the Fine Print in Equipment Lease Contracts

Some business owners look over equipment leasinginterest on your cash. You can try to negotiate this if
contracts carefully. They make notes and questionyou pay attention.
obscure language. They then send the document toEquipment leases can be short or long term. They
their lawyer for review and request that changes becover goods ranging from heavy construction
made. The attorney then contacts the leasingequipment to telephone systems and copying
company to negotiate the most favorable terms.machines. Some questions, however, relate to leases
How often does this chain of events occur? Veryof many different kinds of equipment.
rarely.Lessees need to know, for example, whether they
Managers tend to skim through the contract. Mostcan move equipment to a new location without
agreements are on forms, so little thinking happenswritten consent for which they may have to pay.
and big problems occur. Nowhere is this more trueComputers and other technology products need
than in equipment leasing.upgrades often. You need strong lease language if
Remember, the only time you can negotiate is upyou want the lessor to pay for upgrades, adding
front. Once you've signed off, you're obligated.. Herecosts to lease payments.
are a few things to know and understand aboutMuch the same holds true for alterations and
equipment leasing.modifications, which leasing companies usually accept
Choose and experienced lease broker:when they're easy to remove. Additions and
Make sure your broker has an adequate number ofalterations, however, may be taxable income to the
leasing companies he deals with. A broker worth hislessor.
salt will pick the right one for your situation andLease Termination
needs.Early termination probably is the most common
Don't pick a lessor first:equipment leasing problem because you can't sell
Make them compete for your business. Once agoods under a lease. You're a lessee, not an owner.
vendor has your account, there's not much motive toOften, the termination price is the total of all
negotiate.payments remaining. Other approaches involve
Know What you Want:preserving the lessor's originally-anticipated yield. If
Expand your knowledge. Know your lessor. Willyou haven't done so already, this is a good time to
upgrades and additional needs be provided? Will thecall your accountant to help you make the best
lessor help with regulatory changes? What aboutpossible deal and to understand it.
flexibility at the end of the lease?Provisions for early termination, early buyout,
Know your equipment:subleasing and assignment protect lessees. They are
Will it become obsolete during the lease term? Willnot, however, going to be in that printed-form
you need more of it? Less? Most equipment leasescontract, and they're not going to be in the deal at all
start with acceptance or commencement. On thatunless you put them there.
date, you inspect the product and pronounce it fitOther provisions protect you when the lease ends.
for service. Then it's yours, even though theDe-installation date is a key provision. Do you
equipment is in a lessor's warehouse or in a boxcar.dismantle equipment, crate it and ship in on your dime
Your lease shouldn't begin until you're using theor the lessor's?
equipment successfully.Don't take anything for granted. Most form leases
Make sure the equipment works:require shipment to anywhere in the United States.
All equipment leases include a non-negotiableMaybe you can cap that, or limit it to a specific
"hell-or-high-water" clause that makes you paydistance such as 100 miles. If you want to keep
regardless of whether equipment works. Unless youitems, can you do so and still send back part of the
love paying for equipment that just sits there, beequipment?
certain it operates when you accept it. If things areMost leases state a "fair market value" at which you'll
complicated put an engineer or other expert on it.return goods to the lessor. You need to understand
Remember, once you accept, you pay every month.how that's calculated and what charges it includes.
Alternations and other details:Again, this may be a good time to talk with your
Most lessors buy equipment from manufacturers oraccountant.
wholesalers before they deliver it to you. Then theyEquipment leasing continues to be a significant source
take your money and, perhaps a month or two later,of financing for businesses of all sizes. To maximize
pay on account to the manufacturer or wholesaler.its many advantages, however, you must study
For 30 or 60 days, your lessor is free to earnevery detail in the contract.