In any contract for the purchase or license of hardware, software or software as a service solution (SaaS), one of the buyer's critical concerns is that the vendor provide products which live up to the quality promised.

To this end, contracts for technology products should include a variety of provisions to guarantee performance, including clear product specifications, acceptance testing, product warranties and maintenance and support services. The specific structure will vary based on the hardware, software or solution purchased, but in each case it should be focused on the performance promised (usually the output).

The buyer should strive to describe clearly the products being purchased and ensure that the description is incorporated into the contract. Generally, the request for proposal (RFP) contains the most robust description of the product; however, too often parties fail to utilize the product description built into the RFP and instead rely on the supplier's documentation. If you are forced to rely on the supplier's documentation, you should take care to review it and confirm that it contains the level of detail necessary in the event of a dispute.