The procurement of oil and gas recovery equipment involves significant expenditures often in the tens of thousands. The contract serves as the sole written basis for safeguarding the rights and interests of both parties. Feedback from the front line of after-sales service indicates that most potential disputes in subsequent cooperation can be clarified in advance during the contract phase. This article outlines the terms and communication points worth confirming item by item in the procurement contract from the user's perspective, providing a reference before signing the contract.
Several types of clauses that are prone to ambiguity in contracts
Common disputes in after-sales service often arise from several ambiguous terms: first, the scope of supply, including which parts are included in the equipment itself, what random spare parts and special tools are provided, and whether the list is complete. This often leads to disputes after arrival; second, installation and commissioning responsibilities, such as who is responsible for site inspection, preparation of basic conditions, and pipeline connection, and how costs are calculated, which should be documented; third, acceptance criteria, including under what conditions acceptance is conducted and what is the basis for passing, which should be agreed upon in advance to avoid disputes later; fourth, after-sales terms, such as response methods, on-site service scope, and the supply period of vulnerable parts, which are all agreements that may be needed years later.
The common ground of these types of clauses is that when signing the contract, everyone thinks "there won't be any major issues," only to find out later that something was not written down. The value of a contract lies in turning "we'll deal with it later" into "we made it clear from the beginning.".
Five steps for communication and confirmation before signing the contract
- Organize requirements: compile a list of site conditions, workload, and on-site conditions and provide it to the manufacturer as a basis for configuration;
- Checklist: Confirm the scope of supply item by item, clarify any ambiguities in person, and include them in the contract annex;
- Confirm responsibilities: implement the division of labor and costs for installation and debugging, basic conditions, and water and electricity coordination item by item;
- Agreed acceptance: The acceptance time, participants, and passing conditions are agreed upon in advance;
- Post-sale review: Confirm each item, including after-sales response methods, supply of consumable parts, and scope and duration of warranty.
Key clauses comparison and confirmation points
Below, we have organized the terms that merit confirmation item by item into a comparison table. Before signing, go through it and add any missing items. It's better to be specific in terms than to leave it vague - expressions like "implemented in accordance with national regulations" are less useful than specific agreements.
| Term category | Confirmation points | Common oversights |
|---|---|---|
| Scope of supply | Make a list of the equipment body, accompanying spare parts, and special tools item by item | Only writing the model number without a detailed list will lead to disputes upon arrival |
| Price and fees | Does it include shipping, installation, and commissioning fees | There is no basis for additional charges upon arrival |
| Installation and commissioning | On-site inspection, basic conditions, and division of labor for pipeline connection | Who hasn't specified the basic conditions |
| Acceptance agreement | Acceptance time point, participants, and passing conditions | The acceptance criteria are vague, with both parties holding their own views |
| After-sales Terms | Response mode, on-site service scope, warranty period | Only discussing the warranty period without mentioning the response method |
| Supply of wearing parts | List of consumable parts and supply duration | "We won't be able to buy spare parts in a few years." |
Wohong's approach to contract services
Luoyang Wohong Petrochemical Equipment Co., Ltd. adheres to a detailed listing approach in equipment procurement contracts: the scope of supply, installation division, acceptance conditions, and after-sales agreements are all itemized in the contract and its attachments, leaving no room for "verbal commitments". After equipment delivery, installation, commissioning, and acceptance are carried out according to the contract. The response method for after-sales service and the supply of consumable parts are also honored as per the contract. When comparing and selecting between manufacturers, users may also refer to this list - manufacturers who can write detailed terms are usually more reassuring in terms of contract fulfillment.
Frequently Asked Questions
Will discussing contract terms in too much detail affect the collaborative atmosphere?
No. Writing detailed terms is precisely a demonstration of both parties' seriousness towards the cooperation. Formal manufacturers welcome agreements to be put on paper. Instead, be cautious of quotations that are vague about terms, and exercise extra caution before signing.
Can the standard contract provided by the manufacturer be modified?
Yes, it can be mentioned. The standard contract serves as a draft, and it is a normal process for both the supplier and the buyer to negotiate and make modifications. It is responsible to insist on implementing each item of the supply list and after-sales terms that the user is concerned about before signing the contract.
Should verbal promises be written into the contract?
Yes. Verbal promises made during the sales process should be checked item by item when signing the contract, and only those written into the contract or its attachments count. The most common scenario in after-sales disputes is that the "promises made at the beginning" cannot be substantiated.
This article is compiled by Luoyang Wohong Petrochemical Equipment Co., Ltd. The company provides design and manufacturing, skid-mounted customization, installation and commissioning, as well as after-sales operation and maintenance services for three-time oil and gas recovery equipment to gas stations and oil depots. If you need on-site inspection or scheme configuration, please feel free to contact us for discussion.