Seller Beware: The Dangers Of Sales Language

Introduction

Winning a procurement bid often means gaining an important deal or a critical new relationship. Understandably, the sales and technical teams of suppliers of goods and services are motivated to draft persuasive bid proposals and marketing materials.  However, danger lies when those materials use exaggerated or hyperbolic sales language and contain injudicious claims as to the performance, suitability, reliability, and functionality of the good or service being offered. While there might be an opportunity for legal review of the contract awarded following a successful proposal, the die may have been cast with the submission of the proposal prepared by the technical and sales teams without the benefit of rigorous legal input.