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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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Experience:  Lawyer
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I have a contract issue. My competitor has placed vending

Customer Question

I have a contract issue. My competitor has placed vending machines at a company and provides food, snacks and beverage services to that firms employees. They have a contract with an exclusivity clause. I am offering to provide the same of the same items but not with vending machines, it is called a Micro Market. www.marketatwork.com.
The wording on their contract reads:
"Proprietor hereby grants to Operator the exclusive right and privilege to install, operate and maintain vending machines on the premises of Proprietor located at xyz locations and it is expressly understood and agreed that all sales of food, snacks and beverages or other merchandise on the aforementioned premises of Proprietor shall be by means of those vending machines installed and operated by Operator. Proprietor shall not cause or permit the sale of such items with the operation of vending machines by any other person, firm or corporation including Proprietor."
So, my solution is not vending machine based. If the solution is not vending machines for instance, cafeteria or micro market, does that circumvent this agreement?
Or, does the statement "it is expressly understood and agreed that all sales of food, snacks and beverages or other merchandise on the aforementioned premises of Proprietor shall be by means of those vending machines installed", cover these other solutions as well?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Legal Ease replied 1 year ago.

It seems to me that the only way to adhere to the contract is by the sales of all foods through vending machines unfortunately.

I cannot see what else those words would mean at all.

I am sorry about that.

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