Instructions to draft a contract on behalf of Compuservices

Résumé du document

Your client, Mr Evans, has come to you to draft a contract for him. He explains that he has just started his own business, called Compuservices, which provides computer maintenance and technical assistance to his clients. He is the sole proprietor of Compuservices, which has its office at 76 Loughborough Road, London SE19. His first client is Holborn Electronics Limited, a company which makes small electronic components. Holborn Electronics has its registered office and factory at 64 Kingsway, Holborn, London WC2.

Mr Evans explains that he knows Mr Williams, the Managing Director of Holborn Electronics Limited, very well, as they went to the same school. He has agreed with Mr Williams that Compuservices will provide all the maintenance and technical services required for the computers operated by Holborn Electronics Limited. These computers are used both in the office, to administer the company's business, and also in the factory, to control the manufacturing process. Mr Evans wants a short, straightforward contract, which is fair to both the parties. He says that Mr Williams will not be using a Solicitor, but has confidence in Mr Evans that he will produce the necessary document.

Extraits

[...] DRAFTING Subject : INSTRUCTIONS TO DRAFT A CONTRACT ON BEHALF OF COMPUSERVICES Your client, Mr Evans, has come to you to draft a contract for him. He explains that he has just started up his own business, called Compuservices, under which he provides computer maintenance and technical assistance for his clients. He is the sole proprietor of Compuservices, which has its offices at 76 Loughborough Road, London SE19. His first client is Holborn Electronics Limited, a company which makes small electronic components. [...]

[...] Mr Evans is most insistent that the agreement should be short; he says it should be possible to produce the contract on one page. However, he wants to ensure that the agreement is properly made and binding. Although he has every confidence in Mr Williams, he hopes to use the agreement as a basis for agreement with his other future clients This agreement is made the 30th may 2011 between: Compuservices whose registered office is at 76 Loughborough Road, London SE19 Holborn Electronics Limited whose registered office is at 64 Kingsway, Holborn, London WC2. [...]

[...] Mr Evans wants a short, straightforward contract, which is fair to both sides. He says that Mr Williams will not be using a Solicitor, but has every confidence in Mr Evans to produce the necessary document. The agreement is to last in the first instance for one year, starting on the 1st June 2011, and is then to continue from year to year unless determined by either side on 1 month's notice, which may be given at any time after 1st June 2012. [...]

[...] Mr Evans is anxious that the payment should be made soon after the end of each month. The monthly fee of 360 is agreed to cover up to 12 hours of Mr Evans' time at the premises of Holborn Electronics, and Mr Evans costs of travelling to and from Holborn Electrics. Should Holborn Electronics require Mr Evans to spend more time at its premises in any month, it will pay an additional fee calculated at 36 per hour for time spent at the factory. [...]

[...] Every additional hours will be payed per hour for time spent at the factory. The costs of travel are included and the time spent travelling is not chargeable. «computer» The computer in this agreement are every computers used by Holborn Electrionic Limited in the office to administer the company's business, and also in the factory, to control the manufacturing process Agreed terms: Compuservices will provide all the maintenance and technical services required for the computers operated by Holborn Electronics Limited Compuservices has agreed to make himself available to Holborn Electronics Limited as soon as possible after being asked to attend by telephone, and in any event within 1 hour of being asked Compuservices will do his best to resolve any computer problems as rapidly as possible, but he cannot be responsible for any delay in the manufacturing process caused by a computer program or a computer malfunctioning, and therefore wishes to exclude any liability for any consequential loss that Holborn Electronics Limited may suffer by such delay Payment terms The payment as to be done each month before the In additional of the payment Holborn Electronics will pay for all replacement parts and programs supplied by Compuservices to be also invoiced monthly at the same time Duration - Termination : The agreement is to last in the first instance for one year, starting on the 1st June 2011, and is then to continue from year to year unless determined by either side on 1 month's notice ( registered letter which may be given at any time after 1st June If Holborn Electronics Limited fails to make any payment due to Compuservices under this agreement for 21 days after such payment shall have become due, Compuserves can terminate the agreement for breach without notice to Holborn Electronics Limited. [...]