My client sells used medical equipment. One OEM's reps claim the software embedded in the machine cannot be sold without the purchase of a S/W license from the OEM. Rep then quotes S/W at high price to kill the deal. Over $4.3 billion of used medical equipment sold in US each year -no reps from other OEMs have made this claim. Client has sold the same equipment in US & globally for >20 years without a problem from the OEM. It is a scare tactic used buy some local sales reps. Legal solution required to stop this activity, or legal opinion written to reassure prospects about used equipment.
Apr 07, 2023