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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We are a vehicle transport company and have an SLA agreement

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We are a vehicle transport company and have an SLA agreement to sign and would like some advise on one particular section - "The transport company shall commit to settle (company name) losses in full, including uninsured losses (policy deductible) regardless of initial and/or final liability assessment". Seems a bit open to me, but would like to know if this is standard or not?
Hello my name is ***** ***** I will help you.Yes this does seem very open. I would have it amended to:The transport company shall commit to settle (company name) losses in full, including uninsured losses (policy deductible) limited to the invoice service value for cost of transport.Otherwise I would ask the customer to make sure they insure the goods, otherwise you get 100% of the risk if they dont. Seems a bit unfair.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
Would you say it was a clause that could be upheld in a court of law or would you think it would be disregarded due to its unfairness?
It does seem unfair but courts are more likely to consider it to be unfair if you were a consumer.If you are business and sign it the court is far less likely to interfere with it.Does that clarify?Alex
Customer: replied 1 year ago.
It does, unless they change it we wont sign it.
I wouldn't sign. Can I clarify anything else? Alez
Customer: replied 1 year ago.
Would our own terms and conditions override there SLA?
Well thats a legal argument. There is case law both ways. But to be safe I would get that term amended.Does that clarify?Alex
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