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Dwayne B.
Dwayne B., Attorney
Category: Business Law
Satisfied Customers: 32323
Experience:  Practicing for over 20 years and helped a number of businesses with litigation.
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On August 4, 2011 my company entered an agreement to receive

Resolved Question:

On August 4, 2011 my company entered an agreement to receive advertising services through - Doctors TV Network. The services to be rendered were:
Full Color Magazines to be distributed at the CVS Pharmacy - Internet Coupons - CableTelevision (26 weeks).
we refused to pay the final installment of $673.50 because we have not been able to receive any form of notification from Doctors TV Network when the services will be available to the public. After several complaints they recently distributed the Full Color Magazines to our office, however CVS has not acknowledged they are aware of this distribution channel out of their Doctor Phillips store.

A letter dated December 30, 2011 from their attorney is demanding final payment. Our concern is we have not received any service from this firm as promised. And they refuse to provide a schedule illustrating when the 26 weeks of cable television will be aired. Do we have any recourse ?
Submitted: 4 years ago.
Category: Business Law
Expert:  Dwayne B. replied 4 years ago.
Were they specifically obligated under the contract to provide a schedule or a "form of notification"?

Also, if you allege they have already breached the contract can you provide specifics?
Customer: replied 4 years ago.

I reviewed the document I signed and no it does not state such. This is why I was attempting to speak with the Regional Sales Manager who came to my office and stated they provided such. However, it is not written !

 

My next question is once I pay my final installment how can I assure myself services will be renedered. I truly don't trust this operation at this point. The Regional Sales Manager has disappeared. As of this e-mail I still have no proof they have provided any of the services they did place in writing such as:

-Full Color Magazine

-Internet Coupons

-Cable television (26 weeks).

 

Expert:  Dwayne B. replied 4 years ago.
You problem is that you are trying to hold them to terms that they didn't agree to and before you complete payment. What they can now claim, if you don't make the payment, is that you breached the payment agreement and the contract and that they don't have to provide any additional services. There is really no way to guarantee they will complete their end once you pay, just as there never is a way to guarantee it. However, by making the payment you remove a possible issue and if they don't do it then you can file a lawsuit. Also, you can ask for proof that the contract was completed afterwards and you will be in a much better position since asking for proof of what they INTEND to do may require them to create a document not yet in existence whereas asking for proof of what they DID do should be able to be provided from documents already in existence.

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