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08-13-2014, 10:22 AM #1
Question for the Legal mags ot those that slept at a H I E last night
I stupidly signed a contract that states it is in effect at the time I signed and dated it. After waiting a week for the vendor to provide the service, I started looking at other options and found one for a lot less $$$$. Contacted the vendor a requested that they cancel the contract. Crickets for the last 4 business days. No returned emails or calls. They have not yet billed my American Express nor provided the services I was promised delivered by 8/5/14.
Am I responsible for this 12 month agreement for $4k if they have yet to perform or even communicate with me since I requested a cancellation on 8/7/14?
I need to resolve this issue as I need this service ASAP. Thx
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08-13-2014, 10:25 AM #2
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08-13-2014, 10:32 AM #3
make them eat it
Zone Controller
"He wants to be a pro, bro, not some schmuck." - Hugh Conway
"DigitalDeath would kick my ass. He has the reach of a polar bear." - Crass3000
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08-13-2014, 10:52 AM #4
Not enough info
Quando paramucho mi amore de felice carathon.
Mundo paparazzi mi amore cicce verdi parasol.
Questo abrigado tantamucho que canite carousel.
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08-13-2014, 10:54 AM #5
Taze them.
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08-13-2014, 10:58 AM #6
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08-13-2014, 10:59 AM #7
Gotta call Dan Samas
Brandine: Now Cletus, if I catch you with pig lipstick on your collar one more time you ain't gonna be allowed to sleep in the barn no more!
Cletus: Duly noted.
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08-13-2014, 11:00 AM #8
Shit, better call Saul. After you taze them.
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08-13-2014, 11:00 AM #9
I think the key part to my question is the paragraph that states the contract is in effect on the date signed by me. That seems to lock me in while allowing them not to perform. At what point can I tell them to fuck off? The services have not been delivered nor billed. What else do you need, the agreement?
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08-13-2014, 11:04 AM #10
Let American Express fight this fight for you. Membership has it's privileges and this is one of them.
another Handsome Boy graduate
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08-13-2014, 11:10 AM #11
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08-13-2014, 11:10 AM #12
Holiday Inn Express
Not enough info
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08-13-2014, 11:11 AM #13Registered User
- Join Date
- Nov 2011
- Posts
- 2,835
Here's how a lawyer MIGHT go about evaluating your question and developing an appropriate answer:
The contract has termination provisions, look for those.
What state's law will apply to this contract? (Where are you, where are they, where is the service provided, does the contract include a choice of law provision)
Research that state's law on "material breach." Determine whether the failure to perform by August 7 constitutes a material breach.
Calculate the odds of winning or losing that argument. Determine the costs of engaging in the fight.
Research state law on shifting attorney fees.
Review contract for fee-shifting provisions.
Review contract for arbitration provisions.
Review state law for relevant consumer protection statutes. Check for implementing regulations. Determine whether one or both might matter in this case.
After spending 12 hours, tell client to just go ahead and sign up for T-mobile, because it's cheaper even though their coverage sucks. Send bill for $3,000.
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08-13-2014, 11:12 AM #14
Go all Aurora movie theater on their asses.
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08-13-2014, 11:14 AM #15
What could you have signed up for that's 4k for 12 months? Without at least shopping around a little...
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08-13-2014, 11:17 AM #16
1. Call Amex
2. Report card stolen
3. Re-negotiate terms when they don't get paid. Or flee the country. Whatever.I've concluded that DJSapp was never DJSapp, and Not DJSapp is also not DJSapp, so that means he's telling the truth now and he was lying before.
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08-13-2014, 11:48 AM #17
so, you're asking for legal advice, then telling people that you have provided them with the relevant provision when they ask for more info?
The agreement pretty much always needs to be reviewed in any contract dispute. Nevertheless, in a consumer transaction, the "answer" is often not a purely legal one. What "the law" might say, ie how a court might decide, is somewhat irrelevant in most cases, as people usually don't litigate small disputes to completion. The answer to your question is probably more of a business decision than a legal one. Unless the contract has more relevant details."fuck off you asshat gaper shit for brains fucktard wanker." - Jesus Christ
"She was tossing her bean salad with the vigor of a Drunken Pop princess so I walked out of the corner and said.... "need a hand?"" - Odin
"everybody's got their hooks into you, fuck em....forge on motherfuckers, drag all those bitches across the goal line with you." - (not so) ill-advised strategy
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08-13-2014, 12:20 PM #18Registered User
- Join Date
- Jan 2005
- Location
- Denver, CO
- Posts
- 1,620
I love how people always give an intentionally vague description of the problem when asking for legal advice. As if, explaining it clearly will somehow get them arrested or something. It is ok, this kind of stuff happened when I first moved out of my parents house too.
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08-13-2014, 01:11 PM #19
Never fails. Can't get a returned call, bitch on TGR asking for advise and Voila, receive answer from vendor. They will cancel the contract for $500. Paid and on to the next deal. I apologize for not posting up the contract when I asked my dumb question.
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08-13-2014, 01:16 PM #20
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08-13-2014, 01:22 PM #21
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08-13-2014, 02:14 PM #22
As an aside, I stayed at a Holiday Inn Express last night, and it has not imparted to me the knowledge required to resolve your issue. I'm going to sue for breach of contract.
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08-13-2014, 03:16 PM #23
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08-13-2014, 03:19 PM #24
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08-13-2014, 03:21 PM #25
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