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MDLaw
MDLaw, Attorney
Category: Business Law
Satisfied Customers: 6128
Experience:  Experience in business law, contract law and related matters.
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i own a restaurant and use cintas for a towel and apron provider.

Resolved Question:

i own a restaurant and use cintas for a towel and apron provider. my agreement with them expired and i did not sign a new one. recently i tried to change providers and they told me i have anopther 4 years on my contract do to an automatic renewal. is this legal? do i have to stay with them for four more years or can I change vendors?
Submitted: 7 years ago.
Category: Business Law
Expert:  MDLaw replied 7 years ago.
What state was the contract signed in?
Customer: replied 7 years ago.
illinois
Expert:  MDLaw replied 7 years ago.
<p>Did you enter into this contract before January 2005? This affects the answer.</p>
Customer: replied 7 years ago.

yes

 

Expert:  MDLaw replied 7 years ago.
If you entered into the contract before 1/2005, then the current IL statute regarding automatic renewal clauses would not apply to you which might actually be a good thing since the new law does not apply to business to business contracts.

If you entered into the contract before 2005 but after 1/2000, the old statute would apply to your situation. Under the old statute, automatic contract renewal provisions needed to be clearly and conspicuously disclosed in the contract. If the drafter of the contract failed to make the automatic contract renewal clear and conspicous, the renewal provision could be rendered unenforceable by the election of the party that did not draft the contract.

Customer: replied 7 years ago.
i think i signed the agreement in 2003 and then when i did not renew with them they rolled over the contract. the contract does talk about an auto renewal. you are helping and i will pay i'm just still concerned. auto renews dont seem fair but i guess that doesnt make them illegal. i'm thinkinhg about telling them i'm quitting and waiting for their response. what would happen if they tried to hold me to it?
Expert:  MDLaw replied 7 years ago.
If the automatic renewal was stated in the contract in a clear and conspicuous manner, then the contract renewal would be valid and enforceable.

Since the contract is enforceable, you would be liable for the total amount due under the contract.
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