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Good afternoon. One party cannot legally unilaterally change the terms of a signed contract after it has been signed. If these items were not part of your original contract, the company cannot impose them now as conditions. If they attempt to do so and do not allow you to store your boat pursuant to the terms of the contract provisions that you signed, they are in default of the contract. That gives you the right to terminate the contract and/or ask a court for both an injunction preventing them from imposing these additional charges and requirements and/or damages resulting from their default.
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Thanks for the quick response. They're not so much "changing the contract" as, I believe, daisy-chaining on requirements of services, payment, etc.
Paragraph 1 of the contract is the ONLY item having to do with requirements:
SBC does hereby rent and lease to TENANT the dry storage space indicated above at SBC’s place of business at Seattle, King County, Washington commonly known as “Lake Union SkyLaunch™ operated by Seattle Boat Co.” for a term of ONE YEAR (twelve consecutive months) or commencing and ending at the time and date shown on page one.
However, when it comes time to move the boat from summer water moorage to winter storage, THAT is where they say "Oh, you MUST winterize it with us if you want to store it with us, otherwise, you pay a 4 month early termination penalty". In other words, i can choose not to use their service or store it with them over the winter, but i then must pay the 4-month penalty (early termination IS spelled out in the contract).
I believe they must store it over the winter (per the contract) but NOT require the significantly-marked-up service, OR pre-payment for storage and re-commissioning, none of which are specifically in the contract. Would you agree?
Thanks. Just one more thing--I want to make sure I am making the correct conclusion and i'm still a little uncertain.
Here is the "winter storage options" on their website:http://seattleboat.com/content.asp?nav=116698&cpid=9885&
There it says:Choose from more winter storage locations than ever before. All Winter Storage locations require winterizing services. View our Winterization Service Menu for more information.
However, it says nothing about winterization service in the contract.
Every time i have questioned it (unsure), they just say "the winterization service is required for storage", and "prepayment is required for winter storage". Although these are both on the website, they are not mentioned specifically in the contract.
I apologize for the uncertainty, but they sure do seem certain that I MUST do all of these things, per the contract for 12 months of moorage/storage, and as required by the "services/storage" listed on the website. ???
Could i do this third option, just to keep it relatively easy? Tell them they're in breach for requiring all of the "extras" (including pre-payment for 2 months' storage and re-commissioning service) and that i would like to simply fulfill my contract, which is 12 months of storage, and nothing else?
In all honesty, their winter storage is also fairly expensive, so financially it would be best for me to terminate the contract for their breach and find another place to store it for the winter. But i was just thinking of the above to keep it amicable.
Haha. Good point! :)
The "blue collar" guys that actually work at the boat dock on a day-to-day basis are actually really nice....there are a couple higher-ups (who were the dock workers at one time) who handle all of this contract stuff now, and they're more difficult to work with--i think partly because they just go by what they *think* is required by the company (but not the contract) and the system they go by.
Thanks for your responses!
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