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Jenny
Jenny, Solicitor
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My son who has a local business entered into an 'advertising'

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My son who has a local business entered into an 'advertising' contract (to advertise his business) with UK Media in April - advertisement to be displayed on board within local ASDA supermarket. Issues with monies taken from bank (immediately recovered by the bank), letter sent to UK Media, recorded delivery, detailing all of the issues - advert is still not displayed as of today's date. Son has cancelled the contract noting UK Media is in breach of contract, but they have since written back noting they have met their contractual obligations and our son must pay the fees due. The contact states 'once entered into, this contract MAY NOT BE CANCELLED for edition one (its a two edition contract), however I understand that as a business buyer, the person you buy from can take most of your 'statutory rights' away, as long as they make this clear in the contract, but when the contract doesn't make this clear, usual statutory rights remain, i.e. same rights as other consumers. Is this correct, please?
Submitted: 1 year ago.
Category: Law
Expert:  Jenny replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today.
Can you tell me did the company fail to deliver services under this contract completely?
Customer: replied 1 year ago.

Hi Jenny

To-date the service has not been delivered - the contract was signed on 10th April, artwork provided within the timeframe and at the time of signing the agreement, sales agent (pressure sales!), advised that the advertisement board would be displayed within 4-6 weeks. Still today, nothing advertised. The Agreement does have a clause which states 'DELAY - The Publisher shall not be liable for delays in siting' - it goes on to say any delays in siting will have the effect of delaying the booking period. However, some 3 months plus and still no siting and had our son not contacted the bank and stopped the payments, he would in effect be paying for something not actually received. He had to contact the bank as UK Media actually requested the entire payment of £624 instead of £104 per month for 6 months; their paperwork (DD mandate) was not clear, hence the bank agreed to recall the monies and made no charges to the account for doing so. Since contacting you, I actually called UK Media to obtain their regulating authority details, on the pretext of being a potential client and checking out contract detail. I spoke to one of the Directors (Mike Yexley), who did his best to sell me space, but did finally advise that they have no regulating body! Whilst there is a 'delay' clause in the contract, surely there must be period of time whereby this clause becomes voided, otherwise UK Media could be obtaining money by deception, i.e. getting customers to sign contracts with no 'get out' clause and taking money for a advertisement which is not even displayed? There is no 'cooling off period' noted in the contract, only a note to say that if the second edition is not required, a recorded delivery letter is the only way of cancelling and this must be within 6 months of signing the contract. Hope this helps?

Regards

Janis

PS Mr Yexley also advised that the noticeboard 'should be displayed' within the next month but couldn't give/confirm an exact date!

Customer: replied 1 year ago.

Sorry Jenny, I forgot to note that when talking to Mr Yexley at UK Media he also advised that the noticeboard 'should be displayed' within the next month but couldn't give/confirm an exact date!

Kind regards

Janis

Expert:  Jenny replied 1 year ago.
Hi Janis,
Whilst you are right that there is no protection under the Sale of Goods Act they cannot hide behind this to avoid contractual obligations altogether.
Your son should advise them that he will refute any breach of contract claim for failure to pay on the basis that the contract was not being performed by them. He should say that in spite of the fact that there is a 'delay' clause he relied on a representation from them that the advert would be displayed within a month and now has no confidence that they will produce either edition and is not prepared to pay for a contract which has not been performed.
It may well be that they do not take action to recover the money as it will be too much hassle for them to do so.
Jenny, Solicitor
Category: Law
Satisfied Customers: 6305
Experience: Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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