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Contract wording.


PHX1

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Hey guys, 

 

ive looked at some of the generic contracts available and they all seem to allow cancelation by either party within a certain amount of days. Does anybody know how you would "legally" word the cancelation section so that during the term of the contract it can only be cancelled by the operator? 

 

Thanks in advance! 

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I've done a lot of work with small businesses that get their customers by knocking on residents doors. Whenever a contract is solicited like that it's federal law that the consumer has 3 days to withdraw from the contract without any negative consequences. It had to be on the contract, and initialed which verified that the consumer was aware of that. After the 3 business days the contract was then fully valid.

I'm sure it's different for business to business, and how the sale came about, but if you're seeing that on all of the contracts, and still want to change it, it may be something to consult a lawyer (or legal zoom) about. And on the contracts you're seeing, if it's only for a small period of time that they can cancel it, wether it's 3 days or a week, you could move your equipment in after that time period, assuming it's not a long wait, to ensure the contract is valid and that you're not wasting your time and money.

I know this doesn't answer your question but I hope it helps!




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You can make the terms of a business contract whatever you want as long as it's not onerous.  It's just a protection for each party and only as good as your willingness to defend it in court.  The 3 day right of rescission doesn't apply in business.  

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 If it goes to court they expect to see the remedies in any contract. The business will provide a suitable place (including electric)  for the vending machines and you will provide the vending machines with stocking service and repairs.

Using that as a beginning then you can include your own words.  They may have their attorney review it and get back to you for specific changes.

Some of my vendors use a generic agreement just changing the wording when needed before sending out for signing.  It is always worth a few hundred dollars to visit an attorney to develop a general use contract for your company.

 

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