View Full Version : Misplaced Contract
yrwyddfa
5th February 2008, 11:20
Hi all,
Got a quick question ...
If a company enters into a contractual obligation for, say, 5 years, and then later on, when a new manager takes the role of the person who entered into such an obligation can't find any evidence of the contract (even though the services are still being supplied) ... Is there any right to see the service supplier's copy of the contract?
stugster
5th February 2008, 12:48
That's why there are two signed copies of contracts. Party A signs two, Party B signs two. Party A keeps one, Party B keeps one.
Want to see the contract? Go find the party who hasn't lost it :)
yrwyddfa
5th February 2008, 13:19
That's why there are two signed copies of contracts. Party A signs two, Party B signs two. Party A keeps one, Party B keeps one.
Want to see the contract? Go find the party who hasn't lost it :)
Yeah, that's the point. The service provider has taken over 10 months to produce their copy, since when we've spent some 100k on services from them not knowing about termination clauses and such like. If there was a statutory position I could adopt - say, must be produced within 30 days - then I'd claim an awful lot of that spend back against the termination conditions and costs.
INDIZINE
5th February 2008, 13:25
why dont you write formally to say you are planning to end the contract unless they produce a signed copy to you within 7 days?
yrwyddfa
5th February 2008, 13:54
why dont you write formally to say you are planning to end the contract unless they produce a signed copy to you within 7 days?
The contract finally came yesterday. Apart from paying way over the odds for the services promised, there a monstrous termination fees which I want to mitigate.
Antonia @limeone.com
5th February 2008, 19:46
You may be in luck on the termination fees as case law has developed to prevent huge fees being used as a penalty to keep the contract in place. Much depends on the wording and the fee on termination of course but may be worth challenging.
Tungstone
5th February 2008, 20:32
Look if there are any "severance" clauses contained within the contract.
Then make an application to the court to have onerous, unfair clauses removed