Warrantties and Indemnities

[Jayman21]

As a small business I was responding to a tender with attempt to provide a small data security service to a small outfit. In the tender response, we are asked:

What warranties and indemnities are you prepared to provide to us the client?

I am not sure what the expectations are. When we ask for clarity the client’s legal adviser then states that: The client would expect warranties in relation to applicable permissions and licenses, IP, accuracy of tender documentation, lawfulness of any data processing and Modern Slavery Act.

In regards to indemnities it relates to failure to comply with any obligations under Agreement.

Are you able to explain these terms more clearly? Am I right to say these two Warrantties and Indemnities are simply covered by insurances polices such as Public Liability, Professional Indemnity, Employer’s Liability?

Thank you
Jay

 

[thelegalstop]

Hi Jay,

Thanks for your question. These warranties and indemnities may be covered by your current insurance policy, but it may very well not be enough! If I were you, I would speak to the insurance provider and explain the nature of the contract you're trying to enter into. They may be able to give you a reply in writing, which would be presented as the evidence of fulfiling the requirements in your negotiations.

As far as the IP, accuracy, data processing and Modern Slavery Act are concerned, these issues require proper policies and procedures to be in place within your company. There are many legal document templates covering those on the internet, ours being just an example: http://www.thelegalstop.co.uk/all_documents.html, http://www.thelegalstop.co.uk/Health-and-Safety--HR/Anti-Slavery-and-Human-Trafficking-Policy.html, etc.

This is not to sell you anything - just to serve as an example!!!

Depending on the nature of your contact and the services you provide, you may need to have a separate document or policy outlining how you're going to handle the data and ensure IP compliance (especially now, with the GDPR!). If you feel that the templates are not detailed enough to cover your particular contract, you may wish to have one drafted just to be on the safe side.


Hope that helps! Let me know if you have any further questions!

 

[Jayman21]

Thanks for your comments. This will be very useful. I will have a look into the sites you provided.
Thanks

 

[Jayman21]

excuse my ignorant but is there a difference between modern slavery statement which a company updates each financial year and anti-slavery policy?

modern slavery statement vs anti-slavery policy

Thanks

 

[thelegalstop]

You are right, more info & explanation on the anti-slavery policy doc page I've provided