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seanferguson13
seanferguson13, Solicitor
Category: Law
Satisfied Customers: 31
Experience:  3 year qualified solicitor with expertise in UK taxation.
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B2B distance selling contract advice between UK and US

Resolved Question:

Attachment: 2014-11-24_204128_grant_cardone_1.pdf

Business to business distance selling contract advice between UK business and US supplier.

Submitted: 2 years ago.
Category: Law
Expert:  seanferguson13 replied 2 years ago.
seanferguson13 :

Hi - I will attempt to help with your question. Can you tell me why you are unhappy? Do you consider there to be a breach of contract? Do you have any further terms and conditions other than those attached?

Customer: They have a digital only package which is $2000, I'm supposed to be on an unlimited hand holding package with dedicated account manager but I only ever seem to get directed to the digital content which makes me wonder why I'm paying so much more.
seanferguson13 : So it is fair to say that you have not received the service you believed you had bought?
Customer: That's correct
seanferguson13 :

There is an issue here in that the contract (as far as I can see) does not dictate the jurisdiction of the applicable law (i.e. US or UK). As you signed their terms and conditions there is a strong argument to suggest that the contract is governed by US law. However, before getting into that argument I suggest that you simply send them an email/letter along the following lines.

seanferguson13 :

Dear Sirs

[Brief details of contract].

[Brief details of the service you thought you would receive and the service you did receive].

Given the facts above and the service I have received compared with the service I wanted (and indeed believed I paid for), I believe [name of company] is in material breach of our contract due to a [partial/total] failure to perform its obligations. These oblifations go to the heart of my reasons for contracting with [name of company] in the first place.

Such a breach entitles me to terminate the contract. Please take this [email/letter] as confirmation of my termination of the contract.

I also request that [name of company] makes good the loss I have suffered. At present I have paid to you [Amount]. I am not seeking any further payments.

Yours faithfully

Name

seanferguson13 :

I would STRONGLY advise seeking formal advice from a solicitor who can review all of the facts given the sums involved. Termination of contract has lots of different permeatations. The jurisdiction is a big issue and also the method for terminating can affect damages. I have however found that most companies respond favourably to an email such as that above.

seanferguson13 :

I hope this helps

seanferguson13 :

Sean

Customer: How does this sound
Customer: Dear SirsOur contract for Enterprise sales training and support, which includes unlimited training and support from your staff, a dedicated account manager, weekly and monthly reporting, weekly strategy assistance, 24/7 access to online streamed digital content, monthly sales debrief and strategy with management and sales team and access to all marketing and sales collateral that you use internally.I agreed to the Enterprise package over your digital only package because it was purported to include all of the above services but unfortunately despite some initial input from your team, subsequent communications have been subject to long delays and ultimately then just being directed to your digital content. Furthermore it was made clear after signing up that you do not have any marketing or sales material in writing to share with me.Given the facts above and the service I have received compared with the service I wanted (and indeed believed I paid for), I believe Cardone Training Technologies Inc is in material breach of our contract due to a partial failure to perform its obligations. These oblifations go to the heart of my reasons for contracting with Cardone Training Technologies Inc in the first place. Such a breach entitles me to terminate the contract. Please take this email as confirmation of my termination of the contract. I also request that Cardone Training Technologies Inc makes good the loss I have suffered. At present I have paid to you $1419.00. I am not seeking any further payments.Yours faithfullyJamie LewisLewis Rowe Ltd
Customer: Formatting is messed up but content is there
seanferguson13 :

Line 1: which "the contract stipulated" or "which I was told included"
Line 6: "(and indeed the service I believed I'd paid for)" - my mistake that one.
Line 7: obligations (spelling)

seanferguson13 :

I would also include at the beginning, details of the dates of the contract, conversations with sales reps and details as to why you believe that the services you expected were included

Customer: ok let me tweak it and send it back to you
seanferguson13 : Ok
Customer:

Hey are you there?

Customer:

Thats the current version, would appreciate your thoughts

seanferguson13 : Hi
seanferguson13 : yes I think this is fine for its purpose. However, please bear in mind my points above on jurisdiction and termination and my strong recommendation to seek formal advice from a solicitor. All I'm allowed to do is give you legal information and suggestions.
Customer: If I send this letter and they don't accept, what are the likely next steps?
seanferguson13 :

They could argue a combination of (a) the governing law of the contract is the US and not the UK (in which case I cannot advise you) or (b) that they had fulfilled their part of the contract and your letter was a repudiation of the contract - in which case they could seek damages from you. That is a risk that you should be mindful of. However, I believe it is a low risk in relation to (b). In practical terms I think they will seek to rectify your concerns (if they can), they will then probably offer you "compensation" for your loss which will be less than the amount you paid.

Customer:

The actual digital content is pretty good, I could try to negotiate down to that package in the first instance I guess

Customer:

I don't want to enter a fight I cannot win against a much larger company, I will try to negotiate first and then may have to just take it on the chin. I just wanted to get an understanding of how strong or not my position was

seanferguson13 :

OK

seanferguson13 :

if there's nothing else I can help you with I would be grateful if you could rate and close the question.

seanferguson13 :

kind regards

seanferguson13 :

Sean

seanferguson13, Solicitor
Category: Law
Satisfied Customers: 31
Experience: 3 year qualified solicitor with expertise in UK taxation.
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