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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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We have a photocopier contract we thought ended in Oct 2017,

Customer Question

We have a photocopier contract we thought ended in Oct 2017, but on checking the fine detail - despite the fact that the copier will go back in Oct 17 we are subsequently tied into a service agreement for a further 24 months.
This will be completely unnecessary and is devised as a hook to get us to take a lease on a new copier, but we don't want one as we will have done an MVL by then.
Submitted: 4 months ago.
Category: Law
Expert:  Ash replied 4 months ago.

Hello my name is ***** ***** I will help you.

What does the term say about a service agreement please?

Customer: replied 4 months ago.
There are two contracts the headline lease contract with BNP PAribas for the machine, and a separate service contract we ASSUMED was for 36 months and would expire simultaneously, but is in fact for 60 months.
Expert:  Ash replied 4 months ago.

Did you sign up at the same time?

Customer: replied 4 months ago.
Simultaneously. Although our dating of the contracts on signature is missing.
Expert:  Ash replied 4 months ago.

Ok - why didnt someone look at the contract before signing it? Did anyone ask whether they rang alongside rather than different expiry dates?

Customer: replied 4 months ago.
The company we signed with were known to us, but very soon after sold themselves to a large national company. Seems to have been a deliberate plan to catch the trusting.
Expert:  Ash replied 4 months ago.

But no one looked at the terms before signing?
I assume you are a business?

Customer: replied 4 months ago.
Looked in great detail at the headline lease and the cost benefits but the service contract was poorly formatted, got considerably less attention and in retrospect a deliberate sleight of hand. My name's on the contracts but negotiations were done by an ex employee ove several months.
Expert:  Ash replied 4 months ago.

Its bad news then I am afraid. If you were a consumer you might have an argument under the Unfair Contract Terms in Consumer Regulations 1999.

But as you are in business this does not apply. As a business you are expected to read the terms and conditions. Unless you were told a lie, ie that they ran together, I am sorry to say you are legally bound - this is a contract.

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.

Can I clarify anything for you about this today please?
Alex

Customer: replied 4 months ago.
No thanks pretty clear!
Expert:  Ash replied 4 months ago.

If this answers your question could I invite you to rate my answer before you go today, otherwise the site doesn’t pay me for the time spent with you. Thanks in advance! Alex

Expert:  Ash replied 4 months ago.

If this answers your question could I invite you rate my answer 3, 4 or 5 starts before you leave today.

I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen. Please do not forget! Thank you.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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