It’s common for car companies when they enter a new market. It removes uncertainty from the second hand market.
By doing that, you know upfront what the value of your used hardware will be at the time you decommission it. It removes a lot of the risk for buyers in a volatile market.
Its restrictive, but not that different from other types of deals.
For example, when I worked at a VFX software company, we were exclusively with one hardware partner. This unlocked something like a 50% discount across all our infra needs (they were big enough to provide switches, racks, servers, storage)
The hyperscalers signing these contracts have decent legal departments. Think about Oracle for example - I'm pretty sure they know every trick there is about beneficial contract drafting.
I don't think they need some special protection against this kind of contract.
so are buybacks. you choose to sign the contract. there's no way they didn't have an escape clause, although likely it meant not using the cloud provider anymore
Yes. "You choose to sign the contract" is not a reasonable argument, for two reasons:
1. There is one supplier, so you have no choice.
2. Even if you had a choice to sign the contract, this still means that it's not the same as a trade-in, because trade-ins are always voluntary, but once you have signed the contract, a right of first refusal is not.
In general, the "you chose to sign the contract" argument is a poor justification for bad contracts. If the contract is bad, it is bad regardless of whether you chose to sign it.