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RECMGMT-L  January 2001

RECMGMT-L January 2001

Subject:

Re: I hereby defame you! or if you're reading this, consider yourself libeled!

From:

Hugh Smith <[log in to unmask]>

Reply-To:

Records Management Program <[log in to unmask]>

Date:

Wed, 10 Jan 2001 01:18:15 -0500

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (105 lines)

A snip from Patrick's reply:
>> Also, when discussing the terms of your contract with
>> others, watch out for a clause of non-disclosure. Your
>> commercial records center (and for that matter, any
>> other vendor) may have included a clause that
>> prohibits you from discussing any of the terms and
>> conditions of the contract with anyone else.
>> Similarly, you may find such a statement on RFP
>> responses.

Patrick is giving good advice here. Write the Request for Quotation to be
favorable to your company. If you receive a response with a clause stating
that you can't talk about their service after the sale...STRIKE IT OUT!  and
return it to them. If they respond that they won't bid without it then "how
dumb do you have to be" to consider their bid. They already stated they
don't intend to offer continuous good service or they are not confident that
they will resolve your problems to your satisfaction. They want to be sure
if they treat you badly that your lips will be sealed.

I just sent a Sales Contract to a very reputable insurance company in Rhode
Island. My contract is written to protect FIRELOCK AND TO INSURE WE GET
PAID. Their attorney went over the Contract and Exhibits and made 15
different changes. We accepted each and every one with some negotiation. If
I have to fight them in court I now have to do it in Rhode Island, then they
toughened the negligence clauses to their benefit, yada, yada, they get my
oldest son if I fail to perform, etc. Why accept clauses like this, I know
FIRELOCK will perform. So none of these clauses will hurt me. (KNOCK,KNOCK,
that was me knocking on wood.....I didn't say I wasn't superstitious.)

Here are my key points:

1) YOU ARE THE CLIENT!  You make the rules. We're vendors, we want your
business. If you accept other peoples contracts without reading them, and
understanding them, and finally modifying them to meet your company's and
your specific records management needs, then you are not a professional.

2) Records managers who execute a contract with "hold your tongue" clauses,
or allow permanent removal clauses that are onerous, and/or who fail to set
benchmarks on performance which set the grounds for breach of contract are
simply not doing their job.

3) If you execute a contract that your lawyer, or a lawyer specializing in
Contract Law, has not reviewed then you are not a professional.

If any of the three points above are true for you, then consider yourself
libeled. (But remember, if you admit they are true, Steve Wright, Esquire
will be able to find me a good attorney to win my case for me.

Here is some good information for Listserv exchange, I heard some RM's are
inserting a clause that states "that if the vendor breaches the service
benchmarks for performing as a records storage vendor for your firm, then
they must remove your boxes, wrap and put them on pallets ready for your
pick up, all at no cost" as they are the cause of the breach.

Every company has bumps in the road. You should never expect that a service
provider is perfect. What you should expect, is that when they have a
breakdown in service that they respond quickly to resolve the problem, and
that they truly want to earn back your trust. In the end, a great vendor
will handle the problem in a manner that makes you want to use them forever.
These wonderful stories are what great salesmen talk about late at night in
Holiday Inn lounges.

Here are some questions for you as records managers and records storage
providers: (Just your gut feelings)

Is service better, worse or about the same from offsite storage companies in
2000 compared with 1997?
Is response to a problem better, worse or about the same from offsite
storage companies in 2000 compared with 1997?
Is your cost of records storage better, worse or about the same from offsite
storage companies in 2000 compared with 1997?
Is the amount of lost or misplaced boxes better, worse or about the same
from offsite storage companies in 2000 compared with 1997?

Can or should a Listserv of records management professionals (not you guys I
libeled, mind you) discuss these issues or are you going to be bullied into
keeping your mouth shut when 57 of your boxes just disappear, or when boxes
you have a destruction certificate on, show up on your door step six months
after you paid the destruction fee, or your competitor calls to say they
have some of your boxes.

Good things happen when problems are shared, SUV's stop rolling over and
killing people because of under-inflated tires, some people quit smoking
when the fact that smoking is making people sick comes to light.

Helping improve the records management industry by holding vendors
accountable is part of being a professional. You may choose to be creative
and use nom de plumes "I just received an express package from FedUP, which
contained a response to my RFQ from "Mole Hill". I also had a proposal from
"I Forget" and "Noah's Arkus". I also had a proposal from "His Vaultness"
and Harry F.Paget." No matter what I say now I am not libeling anyone since
I am the only one who knows the true identity of the above names. ("I keep
it in a LockBox...You may think you know the identity but you don't!") SNL

If I have failed to Libel Harry F. Paget heretofore, I now libel him as
well. He is a cad and a bounder. But to his credit he does not deny it! (I
do this on general principle as he has not taken any abuse lately and surely
must miss it.) I do not libel Patrick as he knows more than me and can say
things much more concisely.

--
FIRELOCK Fireproof Modular Vaults
Hugh Smith at (610) 756-4440
Kutztown, Pennsylvania
See our Web Site at WWW.FIRELOCK.COM

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