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Rakhi Vasavada
Rakhi Vasavada, Financial Advisor
Category: Finance
Satisfied Customers: 4545
Experience:  Attorney and Financial Expert. Have specialization in Financial Laws.Practice experience of over 13 years
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I am a tenant of a pubco and as such am tied through a contract

Resolved Question:

I am a tenant of a pubco and as such am tied through a contract to purchase beer from them. However when i signed up to this contract they were a reputable company with a higher than average credit score (experian rating 80/100)

since then and especially in the last few months there credit rating has been moved to high risk (experian 25/100) with an advisory of must seek guarantees, as they are on the verge of administration.

i have asked them to change our contract so that we are not at risk by paying upfront for our stock before it is delivered (a trade term, cash with order, to cash on delivery) which puts at risk several thousand pounds each week.

they have point blank refused COD (as they themselves can now not get credit) and are insisting i can be fined breach of contract for not buying from them (essentially trusting them with my money).

whats more the company they are using to supply the beers itself is limiting the amount of products available to this pubco, yet the pubco still bill first, take the cash and then ask you to claim it back.

is there a legal way to enforce cash on delivery based on there malpractises.

answers from pubco experienced professionals preferred as i may open up a dialogue of several further questions (which i dont mind paying for)

many thanks
Submitted: 3 years ago.
Category: Finance
Expert:  Rakhi Vasavada replied 3 years ago.
Dear Friend,

Hello and welcome. Thank you for providing an opportunity to assist you.

To begin with, there is a legal angle involved so let me first give you a general insight.

I have understood your question fully. To begin with, the answer to all your queries lies in the contract that you have signed with them. Let me explain what am I saying this. It would be important to see if the terms of your transactions i.e. paying upfront before you receive the goods is anyway linked to the credit rating of the firm.

Secondly, you are trying to change the terms and condition of the contract. There must be some conditions mentioned in the contract under which you can seek change in your trade terms.

Going further from here, I do not see any legal ground under which they they can fine you from not buying from them. You are absulutely under your free will to stop doing business with them.

I fully agree with you that under present state of affairs, it would just not be wise to keep risking your money for every order that you place.My best advice would be to have your contract examined by a local attorney very minutely and thoroughly and all your answers lie there.

I am sure this would help.

You may please leave a positive rating if this helps as this is the only way we are compensated for assisting you. Alternatively, you may revert back with a reply if you need further assistance or if I have missed out on any aspect of your question.

Warm Regards

Customer: replied 3 years ago.

Attachment: 2014-05-13_125138_star_inn.docx


 


hi


 


i have attached a copy of the drinks tie and ask that once youve read the extra information, provide a better answer please based on the new information. otherwise i feel your answer is basically saying please ask another solicitor

Customer: replied 3 years ago.
Relist: Answer quality.
answer was to vague, provided further info with no response. (so far)
Expert:  Rakhi Vasavada replied 3 years ago.
Dear XXXXX,

Hello and welcome again. I have received your attachment.

Kindly give me few minutes and let me review it and revert back to you. I sincerely XXXXX XXXXX patience.

Warm Regards
Expert:  Rakhi Vasavada replied 3 years ago.
Dear XXXXX,

Hello and welcome again. Thank you for providing additional information which makes things clearer for me to understand.

Let me come to the point now. To begin with, after reviewing the entire agreement I feel terms and conditions are pretty clearly written, though it is very much tilted in favor of the other party.

Having said this, I am of the clear opinion that there is no provision in the agreement under which YOU can change any trade term.

On the other hand, as you are afraid you are risking your money for-days every time you place the order, the agreement contains clause 2.6 which safeguards against this. That clause clearly mentions that you would be relieved from your obligations if they faile to deliver in the 14-day period. It is only after their failure that you can act anything against them.

I am sure this would help.

You may please leave a positive rating if this helps as this is the only way we are compensated for assisting you. Alternatively, you may revert back with a reply if you need further assistance or if I have missed out on any aspect of your question.

Warm Regards

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