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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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We are a vehicle transport company and have an SLA agreement

Resolved Question:

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?
Submitted: 9 months ago.
Category: Law
Expert:  Ash replied 9 months ago.
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 9 months 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?
Expert:  Ash replied 9 months ago.
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 9 months ago.
It does, unless they change it we wont sign it.
Expert:  Ash replied 9 months ago.
I wouldn't sign. Can I clarify anything else? Alez
Customer: replied 9 months ago.
Would our own terms and conditions override there SLA?
Expert:  Ash replied 9 months ago.
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
Ash, Solicitor
Category: Law
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Experience: Solicitor with 5+ years experience
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