Join Date: Feb 2010
Location: Narragansett Bay
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Re: Sea Trial Only After Sales Contract?
James makes a good point, but it would work better if you were dealing with the counterparty directly. When an intermediary brings forth your proposal, it needs to be simple or in writing from you. They never repeat your sentiment as you would. Did you ever play the grade school game where the kid in the first chair whispers a word to the kid behind him and on and on until the last kid says it out loud and its never the same?
The trouble with offers in writing is you can't react, you have to spend negotiating chips you don't yet know you need in your written offer. I've even seen written offers that raised unnecessary concern, as tone is never transmitted. Just like here! Even in this case, the intermediary is going to be queried before you. For example, they would likely be asked "should I expect to provide a sea trial without an offer or contract"? The intermediary would most likely say, no.
The intermediary does want to get a deal done, so isn't necessarily working against you. However, they have to remain credible. If you were asked about the prevalence of a contract prior to sea trial, you would answer a different question. You would proactively answer why they should, not why they should not. The broker has to answer the question directly, since they are being asked about their experience.
I always prefer to negotiate directly, whenever possible.
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