Examples of 'Standard Contracts' for performing projects.

sanger

Member
Join Date
Nov 2005
Location
Toronto
Posts
172
The Company that provides my Errors & Omissions Insurance is now requiring that I perform all work under a 'Standard Contract' or 'Formal Letter of Agreement' that meets certain criteria. I've contacted several Law Firms but none were familiar enough with my type of business to be of any help.

If anyone has any sample contracts that they've used in the automation services/programming business that would be a great starting point.

The contract is required to include the following items:

- Disclaimer of Warranty
- Exclusive Remedy
- Limitation of Warranty
- Limitation of Liability
- Conditions of Product Acceptance
- Hold Harmless or Indemnity Agreement
- Force Majeure
 
If I were you, I'd require your insurance carrier to provide what they consider to be a "Standard Contract". Then I'd take that contract to my best customers and ask them if they would continue to do business with me under those terms. If they objected to any of the provisions, I'd go back to the insurance carrier with revisions.

Your insurance carrier is looking out for its stockholders by trying to minimize its risk. It is not in their best interest to put you out of business. At the same time, the things they want to see are good for you as well as for them, so work with them.

On the other hand, if they're going to insist on terms that are unacceptable to your customers, you may be faced with a choice between shopping for a new insurance carrier or shopping for new customers.
 
Steve Bailey said:
If I were you, I'd require your insurance carrier to provide what they consider to be a "Standard Contract". Then I'd take that contract to my best customers and ask them if they would continue to do business with me under those terms. If they objected to any of the provisions, I'd go back to the insurance carrier with revisions.

Your insurance carrier is looking out for its stockholders by trying to minimize its risk. It is not in their best interest to put you out of business. At the same time, the things they want to see are good for you as well as for them, so work with them.

On the other hand, if they're going to insist on terms that are unacceptable to your customers, you may be faced with a choice between shopping for a new insurance carrier no problem here they are willing to take your money in any way they can or shopping for new customers. This is a major issue, hard to find new customers in a hurry just because you insurance company is looking out to minimize risks
Steve is right.
I'd say work with them and if you aren't getting anywhere, shop around.
 
I think this stuff is quite normal.
All the points can probably be covered by some standard phrases, except the "Conditions of Product Acceptance". For this you need technical insight into what your product does and how you can show that the customer has received what he has ordered.

I agree that you should ask the insurer for some kind of framework for the text. They probably know this stuff better than you.

edit: About that you should shop for other insurers, and not for new customers, then if a customer cannot accept a fair and reasonable contract, are you sure you will do business with them ?
It is the same with payment conditions. Wise companies insist on an LC or similar. If a customer cannot get an LC, then you dont want to have anything to do with them. Anything else is gambling.

Because of the subject I feel compelled to write this:
DISCLAIMER.
I do not take any responsibility from what I wrote in this post.

:)
 
Last edited:

Similar Topics

This week I ran into a customer program that repeatedly used an XIC bit named Off. There was no destructive OTE or OTL setting this bit to...
Replies
55
Views
9,668
Hello, looking for ladder logic examples of the rmp instruction. Any videos out there showing how its done? Specifically looking for speed control...
Replies
1
Views
788
Hi all I am just new to this and relatively new to plc programming, I have been self teaching myself for just over a year now and have done...
Replies
36
Views
9,935
Hello, I have the software and emulate program and I am looking for application examples one by one in order to practice, test them on simulation...
Replies
4
Views
2,652
So basically I want to copy Ladders 10-19 to 20-29, 30-39 etc. All the way up to Lad 180-189 For a total of 18 copies. LAD 10-19 use...
Replies
6
Views
1,947
Back
Top Bottom