Ask a Lawyer and Get Answers to Your Legal Questions
Hello and welcome to JustAnswer.
Is Zaktek included in the written contract agreement?
Thank you. And have you inquired with them in regards ***** ***** failure to render what the contract states, and if so, what was their response?
What you should do is threaten to sue, or do so. A demand letter with 20 days from receipt of them acting or you filing suit might do the trick.
You can file suit in small claims court for breach of contract. "It is well established that, in an action based on breach of contract, the plaintiff has the burden of proving the existence of a contract, breach of the contract, and resulting damages." Chartone, Inc. v. Bernini, 83 P.3d 1103, 1111 (Ariz. Ct. App. 2004).
Normally, businesses try to avoid litigation and it is likely that this would be concluded via this. If not, you have the right to litigate as explained above.
Are they simply going to say that all I had to do was make an appointment for the product to be provided? Are they going to say that I never gave them the chance to fulfill the contract? Do I have an obligation to give them the opportunity at this late date?
Here's the bottom-line... Are they required to give me a refund if I request it, regardless of contract - because the product was not provided at any point in time, and in lieu of that, I've changed my mind about going forward with it, and therefore request a refund. Can they deny the refund? Is that breach of contract on their part or mine?
Well this all depends on what the contract promises.
If the contract says that they will automatically apply the treatment, then they should.
If the contract states that you have to make an appointment for them to do so, then you should.
If the contract is silent on the matter, then you are expected to solve this reasonably - making an appointment to have this done should not be a problem.
It is if they refuse to provide the service that allows you to sue. And yes, they can deny the refund if they are offering to make provide the service and you simply wish to back out, I am afraid, since then - you would be breaching the contract.
Alright and thanks. It's basically a 'warranty' that you're paying for and the consumer is obligated to bring it to them for reapplication otherwise the warranty is void. They really bend you over with this one, and they have their asses covered completely. Thanks for your help.