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Hi Wayne, presumably there is a seperate contract already in place for BP to service the pumps. If there is, you could simply enforce the terms of that contract that I assume includes an obligation on BP to service/maintain the pumps. That contract cannot be exclusive or tied to the supply of petrol because you have bought petrol from other suppliers in the past.
I would be interested to see the pumps contract.
With regard to BP's not upgrading the pumps unless you sign a 40 page contract to buy fuel from them (presumably exclusively !) in the future, this may well be a case of "third line forcing." The classic third line forcing scenario occurs where a supplier forces the purchase of a second product or service from a nominated supplier. For example, where a lender of finance insists that a borrower use a particular insurance company to insure a loan or where a car dealer selling a car requires the purchaser to obtain finance from a nominated finance company.
Third line forcing is illegal anticompetitive conduct under the Competition and Consumer Act (this used to be called the Trade Practices Act) ; see http://www.accc.gov.au/content/index.phtml/itemId/816377 .
You should look closely at the pump's contract and the propsed 40 page fuel contract. They may in fact be from different companies. If that is the case, then these tactics may well be illegal third line forcing. The ACCC will be interested to hear about this - call thier infocentre on 1300 302 502
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Thanks for your reply. I have no knowledge of a Pumps Contract and when I/we first bought this place we were dealing with another BP Distributor and we are now on our 6th (I think) distributor. BP just keeps changing them. Would you care to peruse the Contract they now want me to sign.....I know there will be costs but, it may be to our benefit.
If interested, do you want to give me a contact address where it can be posted to.
My mobile telephone is 04 09 492504 and my email address is [email protected]
I don't know if I am permitted to contact or ask these sort of things of you.
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