Allmänna bestämmelser Avtal 90 version 2004; En undersökning av enskilda villkor och skapandet av ett tilläggsavtal

Sammanfattning: Abstract The IT- business is a fast growing business trade. This expansive line of business continuously demands flexibility both economically and legally. It is, today, of great importance to have knowledge about your own trade especially when it comes to new agreements. Laws and regulations are seldom flexible and adaptable tools, this is due to the fact it takes time to create new laws and, above all, it takes time to create laws with the right effect. This is where standard agreements enter the scene. By creating a standardised agreement applicable on a certain line of business and certain transactions the active companies create a safety for themselves and their clients. A functional agreement often wins assurance within the business. This means that both seller and buyer can feel comfortable dealing with this kind of agreement between them. The upsides of these agreements are that they mostly are so called agreed documents. This means both sellers and buyers have hade the possibility to participate when creating the agreement. The buyer has more security in these kind of agreements compared to an agreement stated only by the seller. There are possibilities for the buyer and seller to agree on other terms than the ones in the agreement. If they decide to do so they must be careful and make sure the new or different terms are clear and easy to understand. This is to minimise the risk for battling contract terms and problems when applying the terms for settling a dispute. There are, however, some downsides to standard agreements especially when applying the agreement in a certain business settlement. In these cases the standard terms may not be satisfying for the regulation of the contract parties obligations. The standard agreement is created to fit several types of agreements with in the same line of business. Due to this the agreement may contain a number of terms that, when used in a single case, seem misleading. This have some connection to the fact the seller usually has more technical knowledge then the buyer and there for have less problems with reading and interpreting the contract. It seems there is a need for examining, for a separate company selling software, if there are any possibilities for cleaning up and simplifying the standard agreements. By examining which terms causes problems, seen through the perspective of a single company, I have created an additional agreement. This is to minimize the risk for smaller disputes between the customer/buyer and the distributor/seller when they search for guidance in the agreement. In the project a comparison is made between KöpL and Avtal 90. This is to underline the similarities and the differences between them. Avtal 90 is based on KöpL but has made some restrictions regarding some of the terms. It becomes more and more obvious that Avtal 90 is created for a certain type of purchase where the law no longer is detailed enough to be satisfying. There is no doubt about the spirit of Avtal 90. It’s purpose is to strive for long running business relationships and to promote the professionalism and further more stimulate the market for which the agreement is used upon.