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Priyank (MD)     22 August 2011

Warranty & service level agreement

 

We are in business of providing Fleet Monitoring Solution. Our business involves installing an electronic device in vehicles which allowes their reomte monitoring. Monitoring is done via a web based interface which is also provided by us.

A major area of risk to us is damage to device. The device could physically damaged (breaking, water in device, overheating, tampering) and many a times drivers intentionally damage the devices and it is diffuclt to prove this. 

The device may also stop functioning if some modification is made to the wiring of the vehicle. For example, during installation of a car deck, if the power supply to our device is cut, it would stop functioning. 

 

Besides, the device is dependent on  availibility of GPS and GSM network and in ther absence the vehicle cannot be monotored. In this case and cost of doing a service visit is another liability and it is not in our control.

In cases where we have to incur expense on service visits or  to repair/replace the device for no fault on our side, we want to be able to charge the cutomer.

 

I am looking for a agreement which covers us from such risks. I want to know if there is a  class of lawyers who specialize in such agreements. Also, if someone can point me to an online draft of a similar agreement, it would help a lot.



Learning

 1 Replies

akash kapoor (*************)     22 August 2011

SEE YOU CAN MAKE ANY SOUGHT OF AGREEMENT WITH YOUR CLIENT IF THERE IS CONSENSUS AD IDEM(MEETING OF MIND OF PARTIES ON THE SUBJECT MATTER). IF YOU SPECIFY THESE THINGS IN AGREEMENT AND CLENT APROVES THOSE HE WILL BE LEGALLY BOUND TO COMPLY.

 

REGARDS.


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