Not able to cancel a contract

[leemck82]

Hi all,

Just wondering if anyone can help me with a contract issue. This is a business to business agreement. An online advertisment was ordered but then no longer needed and when we tried to cancel this, we were not able to and now have a large bill. The terms and conditions state that online advertisments must be cancelled within 14 days of the order being placed, however other advertisments that are not online can be cancelled within 14 days or after that if you pay a cancellation fee. Is there anything that can be done? It seems as if the online adverts are non-cancellable

[Tungstone]

Hi all,

Just wondering if anyone can help me with a contract issue. This is a business to business agreement. An online advertisment was ordered but then no longer needed and when we tried to cancel this, we were not able to and now have a large bill. The terms and conditions state that online advertisments must be cancelled within 14 days of the order being placed, however other advertisments that are not online can be cancelled within 14 days or after that if you pay a cancellation fee. Is there anything that can be done? It seems as if the online adverts are non-cancellable


Maybe if you elaborate Why you wish to cancel
In contract law , you can sometimes cancel contracts if theres elements like misrepresentation for instance.

Unfair Contract Terms Act , but harder in a commercial contract...

[profitxchange]

I still find it odd that a business seems to think that contracts are things that are not binding! That is the whole purpose of a contract, both parties sign up to the T&C's.

If your reasons had been other than "we no longer need it" you may have been able to reason with the other party.

[streetslocal]

I still find it odd that a business seems to think that contracts are things that are not binding! That is the whole purpose of a contract, both parties sign up to the T&C's.

If your reasons had been other than "we no longer need it" you may have been able to reason with the other party.
I have to agree on this fully!!

[obscure]

Afraid I agree with Profitxchange. You entered into a contract with clear terms and conditions. Unless they are guilty of some misrepresentation or other then I do see that there is anything you can do.

[Tungstone]

Afraid I agree with Profitxchange. You entered into a contract with clear terms and conditions. Unless they are guilty of some misrepresentation or other then I do see that there is anything you can do.

Courts will strike out " onerous and unfair terms"
If some clauses are " cloaked" and not brought to your notice sufficiently in clear terms, then you have a case.

Think carefully before you sign a contract, have it checked by a lawyer, who " specialises" in that area.
Its well worth the money

[i.m.]

There are issues such as whether the other side could be said to have breached the contract in any way and an innocent party, faced with a breach, still has to mitigate its loss. Depends a lot on the facts and on the amount at stake as to whether you want to haggle. Also depends on the bargaining positions of both parties - could you give more business in the future or do the other side see this as a one stop shop?

Cheers

BR