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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 5804
Experience:  English solicitor with over 12 years experience
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Can you explain to me what this section in my franchise

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Can you explain to me what this section in my franchise contract means? notice: to comply with the terms of any notice specifying a breach of provisions of this agreement and requiring the breach to be remedied so far as it may be but nothing in this clause is intended to require DMC to service notice of any breach before taking action in respect of it.
JA: Where are you? It matters because laws vary by location.
Customer: kent England uk
JA: What steps have you taken so far?
Customer: During negotiations of our catering franchise agreement that we have held for 18 years the franchisor has sent a letter saying they will not be renewing our contract as of the 31 July 19? The contract clearly states that a minimum of 90 days notice must be given by either party wishing to terminate the agreement. We was only given 1 week to remove all of our equipment etc? I have written explaining that they are about to breach the contract this was ignored I then sent a cease and desist letter asking them to stop and meet to discuss why they have decided to terminate but they just sent another threatening letter telling us to get out? If we leave then we will in effect be in breach through no fault of our own?
JA: Anything else you want the lawyer to know before I connect you?
Customer: Can they do this?

Hello,

"notice: to comply with the terms of any notice specifying a breach of provisions of this agreement and requiring the breach to be remedied so far as it may be but nothing in this clause is intended to require DMC to service notice of any breach before taking action in respect of it."

It means that DMC may serve a notice in the case where you are in breach of a provision of the franchise agreement requiring you to rectify the breach, but there is no legal obligation on them to serve such a notice.

If you feel that the franchisor is in breach of the agreement, I would advise you to instruct a solicitor to write to them pointing out exactly what provision of the agreement has been breached.

May I help further?

Customer: replied 1 month ago.
The contract says in the case of a dispute arising out of or in connection with this agreement shall, in the first instance, be referred to a mediator for resolution. (DMC have failed to do this can we ask for this?)

Does my response above answer your original question please? If so, please click on 5 stars so that we may continue. Thanks

UKSolicitorJA and other Law Specialists are ready to help you

Yes, you should inform them that you are disputing their purported termination and that the dispute should be referred to mediation in the first instance, as per the contract.

All the best