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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
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: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

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

What does the term say about a service agreement please?

Customer: replied 1 year 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 1 year ago.

Did you sign up at the same time?

Customer: replied 1 year ago.
Simultaneously. Although our dating of the contracts on signature is missing.
Expert:  Ash replied 1 year 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 1 year 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 1 year ago.

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

Customer: replied 1 year 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 1 year 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?

Customer: replied 1 year ago.
No thanks pretty clear!
Expert:  Ash replied 1 year 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 1 year ago.

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

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