Advise tcl - provide routine services to their fleet

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Reference no: EM133256093

Transshipping Company Limited (TCL) is a well established trucking company that transports goods from the port of Port of Spain to various destination within Trinidad and Tobago. TCL is seeking to upgrade it's maintenance regime and recently published an open tender for Maintenance firms to provide routine services to their fleet of 100 trucks.

Massy Motors has a truck maintenance firm located in Port of Spain and is interested in providing TCL with maintenance services for its trucks and duly submitted a tender. On the 1st February 2021, TCL informed Massy that they are the selected bidder to provide routine maintenance services for their trucks and require Massy to enter into an agreement with TCL.

The contract was agreed by both parties and executed on 15th February 2021.

The contract contains the following provisions/terms;

Massy will provide normal maintenance to certain trucks

TCL is to pay Massy the customary maintenance fees.

Within one month of this arrangement, one of TCL's trucks ran off the road and was badly damaged. The accident was largely due to faulty brakes, which was not properly maintained. TCL is very upset about the loss and plans to sue Massy for the cost to repair the truck.

However, Massy while they did not challenge the validity of the agreed contract, they are of the view that some of the terms of the contract are not clear and such as TCL has no grounds to sue.

Advise TCL.

Reference no: EM133256093

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