Manpower Agreement Clause Clarification

Summary

A manpower agreement was prepared between S&IB as the service provider and Parekh Company, which raised queries on the draft clauses. The clause in question concerns the determination of damages by a joint investigator team initiated by both parties, ensuring no deductions are made until the investigation report is received. Concerns were raised about the time consumption for inspections, and Clause 5 emphasizes the service providers responsibility to monitor manpower effectively. To address negligence, a written complaint was proposed. In response, a draft comment was prepared for S&IB, explaining that the joint investigation clause ensures fairness, the importance of monitoring manpower, and the formal approach of issuing written complaints for misconduct. The comment aims to clarify and address S&IBs queries while inviting further discussion if needed.

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"In case of any loss or damages, it has to be determined by a team of joint investigators to be initiated by both the parties to assess the quantum of loss and accordingly no deduction / indemnification shall be made from the Service Provider till the investigation report received" why would we waste our time for inspection whereas clause no * It will be the duty of the SERVICE PROVIDER to keep a check whether the manpower so provided/engaged are doing their job in a proper manner as per the instruction as advised by the company. we had already mentioned for proper surveillances of manpower provided by S& IB, whereas last we can do that will issue written complaint for such negligence, carelessness or misbehaviors of the manpower
It seems like you are dealing with a contractual issue regarding the responsibilities of a service provider and the process of handling damages or losses. Here's a brief overview of how you might address this concern:
- Joint Investigation Clause: This clause ensures fairness and transparency by not allowing deductions until an investigation is completed. It protects both parties from unilateral decisions.
- Service Provider's Responsibility: Clause * highlights the service provider's duty to monitor their manpower. It's essential to ensure clear instructions and expectations are set to avoid negligence or misconduct.
- Addressing Misconduct: If there are issues with manpower, issuing a written complaint can be a formal way to address negligence.
Would you like more specific advice on how to revise these clauses or any other part of your agreement?
draft my comment to S&IB
Certainly! Here's a draft comment you can use for S&IB:
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Dear S&IB Team,
Thank you for raising your queries regarding our manpower agreement draft. We appreciate your attention to detail and have reviewed your concerns.
*. Joint Investigation Clause: We understand your concern about potential time consumption. However, this clause is designed to ensure fairness by preventing any deductions until a thorough investigation is completed. This process protects both parties from unilateral decisions.
*. Service Provider's Responsibility: As outlined in Clause *, it is imperative that the service provider ensures proper monitoring of their manpower. We have emphasized the importance of proper surveillance to prevent any issues.
*. Addressing Misconduct: We propose issuing a written complaint as a formal approach to address any negligence, carelessness, or misbehavior of the manpower provided.
We hope these clarifications address your queries satisfactorily. Please let us know if further adjustments are needed or if there's anything else you'd like to discuss.
Best regards,
[Your Name]
Parekh Company
into one paragraph
A manpower agreement was prepared between S&IB as the service provider and Parekh Company, which raised queries on the draft clauses. The clause in question concerns the determination of damages by a joint investigator team initiated by both parties, ensuring no deductions are made until the investigation report is received. Concerns were raised about the time consumption for inspections, and Clause * emphasizes the service provider's responsibility to monitor manpower effectively. To address negligence, a written complaint was proposed. In response, a draft comment was prepared for S&IB, explaining that the joint investigation clause ensures fairness, the importance of monitoring manpower, and the formal approach of issuing written complaints for misconduct. The comment aims to clarify and address S&IB's queries while inviting further discussion if needed.