Jerry Limited (JL) a well-known trucking company that transport good from the port to various destination within Trinidad and Tobago is seeking Truck maintenance firm to provide routine maintenance to their fleet of 100 trucks.
Tomcat (TC) has a truck maintenance firm located in Guava village and is interested is providing JL with maintenance services for its trucks.
JL requested that TC makes a bid for maintenance services and on the 1st January 2013, TC did so for the sum of $1mil per year inclusive of all related spare parts.
On the 1st February 2013, JL informed TC that they have been selected to provide maintenance for their truck and required TC to enter into an agreement with JL.
The contract was affected on 15th February and contains the following provisions/terms;
TC will provide normal maintenance to certain trucks
JL is to pay TC the customary maintenance fees.
Within one month of this arrangement, one of JL trucks ran off the road and was badly damaged. The accident was largely due to faulty brakes, which was not properly maintained. JL is very upset about the loss and plans to sue TC for the cost to repair the truck.
However, TC is of the view that some of the terms of the contract are not clear and JL has no grounds to sue.
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