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Issue with b2b agreement, how to cancel legaly?

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  • Issue with b2b agreement, how to cancel legaly?

    Hi, thanks for looking into this.
    I will try to describe the issue as short as possible but giving enough details so...
    I am sole trade running small business and in June 2018 signed for advertisement to be displayed on screen which they were going to install inside estate agents shop.
    It was June 2018, salesman told me that screen will be installed by September 2018 and contract has been signed for 2 years from when this will start showing on this screen. I just payed for ad design and initial deposit.
    In August they informed me that there will be delay, but did not specify what is that mean.
    Now, at the end of November they sent me another mail stating that they have some technical issues and are not able to install screen in designed location and offered to display my ad somewhere else, but I am not interested in different location.
    It is my big fault I did not check T&Cs before, now I know that should not sign it. There is nothing about how to cancel this contract, but they reserved right to change location as they wish... So I asked them nicely to cancel my subscription and offered to devote deposit (it is over £500) to cover their initial costs, but they refused stating that it will become possible to start ad at desired location, but still can not specify when and 2 years term is still being delayed.
    I have no idea about law or anything connected with that.
    If someone can spare a moment to at least direct me into right direction where to look for help and not spend fortune for legal advise, I would really appreciate that.
    I have attached pdf with their T&Cs.
    Many thanks to anyone who can advise on this one.
    Attached Files

  • #2
    I'm not a lawyer or anyone with any legal experience but I would assume this is all covered in the contract between you and the advertiser.

    I had a similar issue once previously whereby I agreed to advertise in a Golf Club newsletter, being produced by an external publisher. I should have checked the legitimacy of the publisher (I mean, they could have just said they were producing a newsletter without me knowing they had been contracted to do so!).
    But basically, I paid my fee for the advert and I was promised a release date. I left them to their own devices but realised several months later I had heard nothing. So I contacted them and they said there were hold-ups with the golf club and that it was still all being agreed. And they pointed out that the contract between us stated I couldn't cancel because there were reasonable external barriers to the delay. I suppose its the definition of 'reasonable' as with most things in law. Personally I felt it was an unreasonable period of time between payment and publication (it did eventually go to print but this was probably after 14 months delay). My argument could have been that my business could have moved on in that period and/or my target audience may well have changed in that period!

    But it taught me a lesson! In the early days of my business I was willing to soak up any opportunity I could with advertising, but I have learned to be much more selective now and also do my homework when it comes to cold-callers looking for small businesses to part with cash for advertisements!
    (I also did the same thing for a childrens book produced for hospitals. Cold-called and parted with cash. Book produced some months later but the numbers were significantly reduced so this minimised the impact. It was aimed at parents to buy for the sick children in hospital. I suppose its one of the calls that pulls on your heart strings!)


    • #3
      Can you upload a copy of the contract? Whilst they might have the benefit of being able to move locations, the delay will likely be a breach in and of itself and gives you a right to terminate. There is no automatic right to end a contract - you will need to ideally show they have done something seriously wrong.


      • #4
        I have had a quick look at the PDF T&C's. They reserve the right to change location which by signing the contract you have agreed to and there is nothing in there that gives you the opportunity to cancel due to any delay by the company in starting to display the advert, all that appears to happen is that the 2 year period for display will start from the day your advert first appears.

        Please note however that if you want to discontinue after the initial two year period you have to give 6 months notice which would need to be 18 months after you signed the contract, not from when they start broadcasting otherwise it will automatically roll into another 12 month contract.
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        • #5
          Look for threads by lynzer who had similar problems and is now in court


          • #6
            I wonder if there is scope to rely on the Unfair Contract Terms Act 1977:
            Liability arising in contract.

            F2(1)This section applies as between contracting parties where one of them deals F2... on the other’s written standard terms of business.

            (2)As against that party, the other cannot by reference to any contract term—

            (a)when himself in breach of contract, exclude or restrict any liability of his in respect of the breach; or

            (b)claim to be entitled—

            (i)to render a contractual performance substantially different from that which was reasonably expected of him, or

            (ii)in respect of the whole or any part of his contractual obligation, to render no performance at all,

            except in so far as (in any of the cases mentioned above in this subsection) the contract term satisfies the requirement of reasonableness.


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