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Answered in 56 minutes by:
6/5/2009
Maurice, Lawyer
Category: Australia Law
Satisfied Customers: 2,764
Experience: Lawyer (Juris Doctor, MBA IntBus) with 25 years Australian Business Experience at Your Service
VerifiedHello Peter
I am Perth based and will assist where I can
Did you receive any other notices prior to the invoice to state that your current contract was expiring and was being automatically renewed?
Secondly, you state the Sales Rep never told you it was an automatically renewing contract correct?
I am Perth based and will assist where I can
Did you receive any other notices prior to the invoice to state that your current contract was expiring and was being automatically renewed?
Secondly, you state the Sales Rep never told you it was an automatically renewing contract correct?
Hi Peter
The contract will be difficult to enforce upon you in these circumstances, particularly where when it was first sold / purchased by you there was no mention by the sales rep it was auto renewing - it is bordering on misleading and deceptive conduct, a breach of the Trade Practices Act.
The other item to consider is that had your business been sold before the new invoice came through, there is no way that the new owner of the business would accept this invoice out of the blue, and neither should you.
As this is a business to business matter there is no Fair Trading / Consumer Protection department to turn to so at this stage I would be writing back to the QLD company stating that you will not be paying an invoice that you had not agreed to at the time of the original contract, that the sales rep mislead and deceived you by not mentioning anything about an automatic renewal provision and if they do not withdraw the invoice with immediate effect that you reserve your rights to commence legal action against them for breaches of the Trade Practices Act covering misleading and deceptive conduct.
Hopefully they will know EXACTLY what you are referring to and "back off", if not, I do suggest you see a Solicitor to write to them with more assertiveness in the matter
I trust this information is of assistance and that you will kindly accept my answer as I wish you the best in this matter
Regards
Maurice
The contract will be difficult to enforce upon you in these circumstances, particularly where when it was first sold / purchased by you there was no mention by the sales rep it was auto renewing - it is bordering on misleading and deceptive conduct, a breach of the Trade Practices Act.
The other item to consider is that had your business been sold before the new invoice came through, there is no way that the new owner of the business would accept this invoice out of the blue, and neither should you.
As this is a business to business matter there is no Fair Trading / Consumer Protection department to turn to so at this stage I would be writing back to the QLD company stating that you will not be paying an invoice that you had not agreed to at the time of the original contract, that the sales rep mislead and deceived you by not mentioning anything about an automatic renewal provision and if they do not withdraw the invoice with immediate effect that you reserve your rights to commence legal action against them for breaches of the Trade Practices Act covering misleading and deceptive conduct.
Hopefully they will know EXACTLY what you are referring to and "back off", if not, I do suggest you see a Solicitor to write to them with more assertiveness in the matter
I trust this information is of assistance and that you will kindly accept my answer as I wish you the best in this matter
Regards
Maurice
Maurice, Lawyer
Category: Australia Law
Satisfied Customers: 2,764
Experience: Lawyer (Juris Doctor, MBA IntBus) with 25 years Australian Business Experience at Your Service
VerifiedMaurice and 87 other Australia Law Specialists are ready to help you
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