To prove that the chemical reagents manufacturers has breached the SLA, build an evidence file that meets three tests: (1) the metric is objectively measurable, (2) the failure is documented in real time, and (3) the evidence chain is tamper-proof. Use the following four-step approach:
1. Pre-define measurable KPIs in the contract
Insert clauses that are SMART: Specific, Measurable, Achievable, Relevant, Time-bound. Example: “Updated SDS must be delivered within 48 h of any revision; failure is recorded if e-mail timestamp exceeds 48 h” .
2. Capture contemporaneous records
• System logs: e-mail server read-receipts, ticket-system timestamps, cloud-portal audit trails.
• Manual logs: delivery notes, meeting minutes, signed site reports.
• Third-party monitoring: independent uptime or delivery-time monitoring tools that export signed PDF reports .
3. Issue a formal breach certificate
Many master agreements give the purchaser the right to issue a Non-compliance Penalty Certificate at month-end listing each breach, the metric missed, and the penalty accrued. This certificate is prima-facie evidence unless the chemical reagents manufacturers successfully disputes it .
4. Chain-of-custody documentation
• Store all evidence in a read-only repository (SharePoint with versioning or a blockchain-backed log).
• Maintain an audit trail register: date/time, evidence type, custodian, checksum/hash.
• Retain records for the contractually agreed period plus one additional year to satisfy any dispute-resolution timeline .
If the chemical reagents manufacturers still disputes the breach, the compiled file (KPI clause + real-time logs + breach certificate + audit register) gives you clear, admissible proof for arbitration or court proceedings.
