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If a supplier changes his company name and does not have a

 

Customer Question

If a supplier changes his company name and does not have a current service agreeement signed by me which has his new company name does that hold me obligated to his terms when I want to cancel the service agreeement. Second, if the service agreeement was signed 9 years ago and has an automatically renew for the next period of 36 months do I still have to obligate the terms from 9 years ago? Thank you.

 

Optional Information:
Country relating to Question: United States
State (if USA): Illinois

Already Tried:
Nothing, justanswer was my first resource.

Submitted: 331 days and 5 hours ago.
Category: Legal
Value: $25
Status: CLOSED

Accepted Answer

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Expert:  LawTalk replied331 days and 4 hours ago.

Good afternoon,

I'm very sorry to hear of the situation.

The fact that a company may change it's name or may even sell the business to a new owner, does not work to terminate the contracts in existence immediately before the changeover. Rather the contractual obligations of the both the customer, and the company remain the same.

Likewise, a contract signed initially 9 years ago, which contains an automatic renewal clause in it, continues to be effective as to future automatic renewals, until such tome as the customer, or the company, give notice under the contract as to the non-renewal for a future period of time.

The only way that you can avoid the obligation of the automatic renewal, is to abide by the terms of the original agreement and give the proper---typically written---notice of intent not to renew for the new period of time---24 months or 36 months.

I wish you the best in 2012.

I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.

You may reply back to me using the Continue the Conversation link if you have additional questions; and if you do, I ask that you please keep in mind that I do not know what you may already know or with what you need help, unless you tell me.

Please recognize that the rating system only gives me credit for working with you when you click one of the 3 stars/faces on the right (positive rating). Also, kindly rate me based solely on my assistance to you in understanding the law, and not based on whether my answer is what you were hoping to hear. I have no control over the how the law impacts your particular situation, and I trust that you can understand how it would be unfair for me to be punished by a (negative rating) ----the first 2 stars/faces----for having been honest with you about the law.

Thank you,

Doug

Expert TypeAttorney
Category: Legal
Pos. Feedback: 98.3 %
Accepts: 7314
Answered: 6/19/2012

Experience: I am a practicing attorney with more than 27 years of experience in the legal field.

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