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Nicola-mod
Nicola-mod,
Category: US Law
Satisfied Customers: 41
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We need a contract reviewed in relation to card payment

Customer Question

Hi therewe need a contract reviewed in relation to card payment terminals that we purchase from a acquirer bankthere is a question in regards ***** ***** point regarding ownership that we would like a legal opinion on
Submitted: 10 days ago.
Category: US Law
Expert:  Virtual-mod replied 9 days ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 8 days ago.
Yes ok to wait pls advise as soon as you can
Expert:  JimLawyer replied 8 days ago.

Hello, this is Jim and I am a dual-qualified lawyer (UK and Republic of Ireland) and happy to help you today.

Are you able to copy and paste the section of the contract you would like clarification upon?. Or upload it please.

http://ww2.justanswer.com/help/how-do-i-send-photo-or-file-expert-hl

Customer: replied 7 days ago.
yes will do it now
Customer: replied 7 days ago.
i can email the whole contract over if you prefer
Customer: replied 7 days ago.
please find contract
attached
Customer: replied 7 days ago.
29/11/2019 08:25

Is it possible you can review the attached contract we have from EVO,
this is in relation to card terminals that we purchase from EVO to be leased to our customers

The only question we are concerned with is what happens to the terminals if the contract is terminated. We are under the understanding that the terminals would remain the property of XE POS but after reading the contract I wanted to be certain. Clause 2.6 and 10 deal with this but its not quite clear from these points
Customer: replied 7 days ago.
some thoughts below on the contracts

clause 2.5 says the title passes to the buyer after payment obligation is met

we pay invoice on a 30 day invoice basis for the terminals so payment is normally completed in this period

2.6 starts by talking about about title of the terminals prior to payment but then further down has "seller may pursue to take immediate possession of the terminals ". we wanted to understand is this relating to terminals that are not paid for or for all terminals
Customer: replied 7 days ago.
we are only concerned with ownership of the terminals where the title has passed to us and the agreement is cancelled under clause 10
Expert:  JimLawyer replied 7 days ago.

Thanks, let me take a look and I will come back to you shortly

Expert:  JimLawyer replied 7 days ago.

section 10 covers termination of the contract but insofar as the terminals are concerned, if you defaulted on a payment then it would be open to the company to take possession of the terminals. Clause 2.6 just refers to "payment obligations". It then refers to a "purchase money security interest" - which I am not sure of.....

I will therefore opt out to let another expert assist you with your question going forwards. Please do not reply to this message as the question will stay with me and there will be a delay with the reallocation.

Many thanks.

Customer: replied 7 days ago.
can someone please look at this in detail and stop fobbing me off
Customer: replied 7 days ago.
or please give me an immediate refund or I am contacting my bank
Customer: replied 7 days ago.
complete waste of time
Expert:  Nicola-mod replied 6 days ago.
Hello,

Please understand it is rare for us not to be able to find the right Professional to assist our customers. We can close this question and refund your good faith deposit to the original funding source on request.

Please let me know how you wish to proceed and again I apologize for any inconvenience this may have caused.

I hope you will give JustAnswer a try again in the future,
Nicola
Customer: replied 6 days ago.
are you able to find the right professional if not pls refund