Transshipping CompanyLimited (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 inPort of Spainand is interested in providingTCLwith maintenance services for its trucks and duly submitted a tender.

On the 1stFebruary 2021,TCLinformedMassythat they are the selected bidder to provide routine maintenance services for their trucks and requireMassyto enter into an agreement withTCL.

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

The contract contains the following provisions/terms;

• Massywill provide normal maintenance to certain trucks
• TCLis to payMassythe customary maintenance fees.

Within one month of this arrangement, one ofTCL'strucks ran off the road and was badly damaged. The accident was largely due to faulty brakes, which was not properly maintained.TCLis very upset about the loss and plans to sueMassyfor 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 asTCLhas no grounds to sue.

Advise TCL.