Alex Watts :HelloXXX my name is ***** ***** I will help you with this.
Alex Watts :Does it say anywhere, for the avoidance of any misunderstanding that it would automatically renew?
Alex Watts :Have you been serving annual notice to renew since the old one expired?
JACUSTOMER-0te2e6z2- :Hi, i am not too sure it really is a strange one it doesn't specify much at all
JACUSTOMER-0te2e6z2- :i will attach a picture
JACUSTOMER-0te2e6z2- :of the section that is mentioned
Alex Watts :Ok, but it does not say it automatically renews, that is the key?
Alex Watts :And you have been serving notices to renew annually?
JACUSTOMER-0te2e6z2- :we haven't been serving anything, they just automatically do it but we wish to replace them as a supplier
JACUSTOMER-0te2e6z2- :it sort of ticks over and they invoice us for a year in advance
JACUSTOMER-0te2e6z2- :but their contract doesn't mention at all that they are renewing for 12 months
JACUSTOMER-0te2e6z2- :it only states the original 5 year term
JACUSTOMER-0te2e6z2- :it mentions as agreed but there is nothing in writing about this "agreed" time
Alex Watts :Ok, well in my view they can not do anything. The agreement was for 5 years, there is no provision for extension. In fact it just says that its 5 years and you can terminate with 90 days notice.
Alex Watts :Therefore if the agreement has expired that is their sloppy administration not signing you up to a new contract
Alex Watts :As such you are not liable.
JACUSTOMER-0te2e6z2- :so essentially we are in our rights to cancel without any legal action
JACUSTOMER-0te2e6z2- :which they are threatening
Alex Watts :They have no term renewing and indeed in any event you only need to give 90 days which you have done
Alex Watts :They can't tie you in
Alex Watts :There is no contractual clause they can rely on saying that
JACUSTOMER-0te2e6z2- :Fantastic thats all i needed to know, i have one side thing though we have another agreement with them that we are locked into. are they still liable to support us with that even when in dispute with regards ***** ***** one?
Alex Watts :Can I clarify anything for you about this today please?
Alex Watts :Yes they can threaten but they have no contract
JACUSTOMER-0te2e6z2- :fantastic :) thank you so much for your help. how can i word a response to their legal threats in a way where it is not inviting it as such?
Alex Watts :Just that they have no clause in the contract to hold you to the period they suggest.
Alex Watts :Therefore any obligation they believe they have has eneded
Alex Watts :Does that clarify?
Alex Watts :The contract has ended.
JACUSTOMER-0te2e6z2- :fantastic thats everything! thank you so so much for your help and clarity
JACUSTOMER-0te2e6z2- :have a good day :)
Alex Watts :And you. Please remember to rate my answer before you go today, the button should be at the bottom of the screen
JACUSTOMER-0te2e6z2- :Have Done ;)