Stephen Sprunk wrote:
Read your contract closely and you'll find that, except for an explicit SLA clause (which will cost you extra), they make no guarantee that the circuit will work at all and you'll still owe them money.
I am not a lawyer. However, over the years many lawyers have told me you can't have a legally enforcible contract that says (in essence) you owe me money even if I give you absolutely nothing in exchange (or visa versa). A legally enforcible contract must *always* have an exchange of consideration - I give you something (money, labor, tangible property, intangible property) in exchange for something you give me. Many businesses try this type of crap all the time, but (according to the above mentioned lawyers) it's not worth the paper it is written on. They make these clauses hoping the other party doesn't know their rights. However, contract law (e.g. the UCC) trumps unenforcible and illegal clauses in your contracts (this is why we *have* civil laws regarding civil contracts, otherwise there would be no point in civil laws at all). But please don't take my word for it, ask your own lawyer to review your contract and give you an opinion about the legality and enforceability of clauses of this type, in your particular contract. jc