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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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We are an Agency that is providing Sales for our Principal

Resolved Question:

We are an Agency that is providing Sales for our Principal after 4.5 years building a strong turnover, they are now trying to renegotiate our contract which in principal we are open to as long as it gives us a long term security but they one of the amendments is they are saying that once an account achieves a cumulative total of £1.2million we will hand back with 1 years compensation this would mean that we would lose our No1 account by mid 2015 which we do not want to do.
What are our options.

Regards
David
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : What does the contract currently say about termination please?
Customer:

Our current contract does not really deal with termination

Alex Watts :

If the contract is ongoing then the Company can not end or amend it

Alex Watts :

It can only be amended with your agreement

Alex Watts :

If you agree then you are making a commercial decision

Alex Watts :

But in contract law the contract is binding, as it is, with both parties agreeing to the terms and conditions

Alex Watts :

Each party must comply with the conditions and stick to it

Alex Watts :

If they do not then the party can be subject to breach of contract and court proceedings

Alex Watts :

If they want to negotiate then it is a matter for you whether you do or even agree

Alex Watts :

But they can't make you do this

Alex Watts :

If you agree, then you are bound by the new agreement, but they can't make you re-negotiate.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Hi Alex

Customer:

Hi Alex,

Customer:

Hi Alex over the last 4 years we have built up to £891,000 in sales in 2013 at 15% commission and will probably do around £1million this year and will keep increasing for the next few years if everything is equal, what are our rights if they want to terminate? Regards David

Alex Watts :

David - they can only terminate if the contract allows them to

Alex Watts :

No clause for termination and if the contract is rolling - they can't

Alex Watts :

Does that clarify?

Customer:

Hi Alex but if they want to terminate would we be due compensation

Alex Watts :

You could sue for breach of contract as the contract does not allow them to end it

Alex Watts :

Does that help?

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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