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J.Hazelbaker, Attorney
Category: Business Law
Satisfied Customers: 4385
Experience:  Experienced and trained in the area of business law.
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I purchaced service contracts from a previous gentleman, one

Resolved Question:

I purchaced service contracts from a previous gentleman, one of the customers had a lease on equipment that they had, the previous gentleman was giving them a credit back of $399.00 a month for this lease. The client never did sign the service agreement, but for the past 12 months would accept the bill and pay as stated on the invoice. Now that the lease expired, they called to cancel the maintenance agreement without 30 day notice prior to the annual renewal date. The terms do state that 90 day average is due upon cancellation of the maintenance contract. They refuse to pay, due to the fact that they never signed such a contract. What options do i have
Submitted: 7 years ago.
Category: Business Law
Expert:  J.Hazelbaker replied 7 years ago.

Unfortunately, unless you have a signed contract or can demonstrate other express agreement to the terms you wish to enforce (e.g. oral committment), there is no legal grounds for you to assert that the comply with those contractual terms. Paying the invoices does not commit them to terms other than those presented in the invoice.


I wish I could give you more ammunition, but you would just be sending good money after bad.



Please let me know, if you have follow-up questions.


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