Legal question

[Tkseah]

My layman thinking is that the implied contract is for current and past leasing so payment must be made for those, but the implied contract does necessarily apply to future periods so it is the up to the vendor to show a signed contract that states otherwise.  I would probably inform the vendor of my intention to terminate the leasing with a given (1mth?) notice period, unless the vendor can show me the signed contract with a different termination clause.

[Piyopico]

Thanks all for comments.

 

Will get a lawyer to send the letter asking for proof of contractual obligations and give notice of termination for those without contracts accordingly.

 

Never sue anyone before so do drop me a PM if you have a good lawyer to recommend for this initial action.

 

I peasant only, please recommend cheap and good lawyer.

 

Kamsiah! Thank you!

 

 

[Kusje]

Implied lease is the same cos there will be contractual terms in it.

Equipments with contracts do run for 3 years.

 

Of course it does run to 3 years. There are contracts that run 30 years. But how can an implied lease also imply the contractual duration unless they have something else to take reference to?

Dunnoe how much it costs. Have not approached any lawyer.

 

How much do you guys think it will costs?

 

Estimated costs if they really sue and I have to take it to court? We are talking about 10 equipments.

 

10 equipment worth how much?

[Beehive3783]

What equipment are you talking about? Care to share a bit so at least we know the value involved.

 

 

Dunnoe how much it costs. Have not approached any lawyer.

How much do you guys think it will costs?

Estimated costs if they really sue and I have to take it to court? We are talking about 10 equipments.

 

[Acemundo]

Actually my intention is really to get a definitive answer to the lease terms so that I can provide the necessary notice to cancel one month before expiry.

 

The whole issue is made worse by their accounts invoicing wrongly or even a year later, causing us to backtrack and pay for these invoices.

 

New immigrant boss, very difficult. They lost a lot of customers in the past year. So yes, they will cling to any implied contracts.

i think the definitive answer answer is yes, there is implied contract but it isn't going to sufficient to bound your company to a perpetual lease if you all play your cards right.  hence, the next step would still hinge on what you all want to do after getting the answer.

My layman thinking is that the implied contract is for current and past leasing so payment must be made for those, but the implied contract does necessarily apply to future periods so it is the up to the vendor to show a signed contract that states otherwise.  I would probably inform the vendor of my intention to terminate the leasing with a given (1mth?) notice period, unless the vendor can show me the signed contract with a different termination clause.

 

that was exactly what i am trying to say also.  there is a contract in the past doesn't mean it binds both parties to the contract indefinitely.  no court of law will operate on such principles

[Jman888]

Thanks all for comments.

 

Will get a lawyer to send the letter asking for proof of contractual obligations and give notice of termination for those without contracts accordingly.

 

Never sue anyone before so do drop me a PM if you have a good lawyer to recommend for this initial action.

 

I peasant only, please recommend cheap and good lawyer.

 

Kamsiah! Thank you!

 

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i dun understand why the leasee has to hire a lawyer at this point? their equipment is with you, just write them a termination notice and tell them to take back their equipment, and stop payment (make sure you dun touch those equipment).

 

Soon they will get their lawyer to be in touch with you, that's where you start the negotiate.

[Piyopico]

Equipments are used for F&B and only a few grand worth. Lease is not even $300 a month.

 

That is why I am not really considering legal means cos it will is really not worth the hassle.

But the boss is really mean and even use vulgarities on my staff..........

i dun understand why the leasee has to hire a lawyer at this point? their equipment is with you, just write them a termination notice and tell them to take back their equipment, and stop payment (make sure you dun touch those equipment).

 

Soon they will get their lawyer to be in touch with you, that's where you start the negotiate.

Noted. They refused to take back their equipments. I uninstall a few and just left it aside but they have not taken them away.

[Myxilplix]

Sounds like farked up company. Spend a little to get a lawyer to send a letter and see how they respond.

[Piyopico]

i think the definitive answer answer is yes, there is implied contract but it isn't going to sufficient to bound your company to a perpetual lease if you all play your cards right. hence, the next step would still hinge on what you all want to do after getting the answer.

 

 

that was exactly what i am trying to say also. there is a contract in the past doesn't mean it binds both parties to the contract indefinitely. no court of law will operate on such principles

Complicated by an auto renewal clause after 3 years unless I give notice to cancel.

[Acemundo]

Complicated by an auto renewal clause after 3 years unless I give notice to cancel.

 

where is this clause subsumed in since you mentioned there is no written contract?  email?  if in email it is almost as good as a written contract. if verbally communicated, no worries.

 

anyway, if there is auto renewal clause it can also be challenged.  because it is not a legal and commercial norm to have contracts run into perpetuity.  

 

anyway if it is worded that you all have the option to effect cancellation, then you can still proceed to give notice to cancel?

Edited September 6, 2016 by Acemundo

[Piyopico]

where is this clause subsumed in since you mentioned there is no written contract? email? if in email it is almost as good as a written contract. if verbally communicated, no worries.

 

anyway, if there is auto renewal clause it can also be challenged. because it is not a legal and commercial norm to have contracts run into perpetuity.

 

anyway if it is worded that you all have the option to effect cancellation, then you can still proceed to give notice to cancel?

This clause is in the few equipments that has a written contract.

[Othello]

Equipments are used for F&B and only a few grand worth. Lease is not even $300 a month.

 

That is why I am not really considering legal means cos it will is really not worth the hassle.

But the boss is really mean and even use vulgarities on my staff..........

 

Noted. They refused to take back their equipments. I uninstall a few and just left it aside but they have not taken them away.

 

fark lah ............ a few grand and <300 per month nia. Just send letter and STOP paying !!! 

 

For so little money, if he hires a lawyer, I laugh man. Refusal to take back equipment is not your problem, It's THEIR problem. 

 

Seems like the boss is an Axxhole. Then so civil for what ? 

[Jman888]

Equipments are used for F&B and only a few grand worth. Lease is not even $300 a month.

 

That is why I am not really considering legal means cos it will is really not worth the hassle.

But the boss is really mean and even use vulgarities on my staff..........

 

Noted. They refused to take back their equipments. I uninstall a few and just left it aside but they have not taken them away.

i believe there are other minimum order of supplies that tie to the equipment?

 

if you stop ordering and stop payment, they will come back to you soon. what you need to calculate is the guarantee minimum quantity that you need to fulfill and the rental for the reminding contract period. Deep down i think you all should roughly know the balance period according to the history of the partnership.

 

Dun try to capitalize on the omitted contract, rather calculate the maximum exposure if you are going to terminate the partnership

[Tianmo]

Thanks all for comments.

 

Will get a lawyer to send the letter asking for proof of contractual obligations and give notice of termination for those without contracts accordingly.

 

Never sue anyone before so do drop me a PM if you have a good lawyer to recommend for this initial action.

 

I peasant only, please recommend cheap and good lawyer.

 

Kamsiah! Thank you!

 

 

Edited September 6, 2016 by Tianmo

[Beehive3783]

To be honest, if any supplier use vulgarities on my team, I will terminate everything with notice.

 

You still so good want to work with this kind of f up supplier. Good man.

 

 

Equipments are used for F&B and only a few grand worth. Lease is not even $300 a month.

That is why I am not really considering legal means cos it will is really not worth the hassle.
But the boss is really mean and even use vulgarities on my staff..........

Noted. They refused to take back their equipments. I uninstall a few and just left it aside but they have not taken them away.

 

[Acemundo]

This clause is in the few equipments that has a written contract.

well......the equipments for which has written contracts cannot be a basis to imply that the same terms can be implied on other equipments not backed by written contracts be leased on the same basis.

 

additionally like i say, the legality of putting in a perpetuity lease contract can be challenged in court. hence i would start the ball rolling giving notice to terminate for equipments with and without written contract.

 

you all are too gentlemanly in your way of handling it.  if i were to be tasked with it, first i will just write them an email or letter giving notice to terminate.  if they refuse, i will just stop paying any rental.  if they send me a letter of demand, i will reply the letter on my own.  if they lodge a claim in court, then i will engage a lawyer to fight the claim.

[Kusje]

Equipments are used for F&B and only a few grand worth. Lease is not even $300 a month.

 

That is why I am not really considering legal means cos it will is really not worth the hassle.

But the boss is really mean and even use vulgarities on my staff..........

 

Noted. They refused to take back their equipments. I uninstall a few and just left it aside but they have not taken them away.

 

There's no way they will get a lawyer to sue you over 300 a month la.

 

Just write them an official email or letter (postmarked!) telling them you are cancelling the lease with effect on which date and ask them to collect the equipment within 15 days of that date or you reserve the right to discard their equipment or put the equipment into storage with all costs charged to them.

[Chongster]

On the assumption that all bullies are hum ji, the moment you get A lawyer to write to them, probably they balls drop and matter resolved.

 

Find a Chinatown lawyer to do it, maybe $500 max for initial advice and first letter? Won't go court one lah, won't even go near.

 

Alternatively, if they don't collect, why don't you dump the equipment on them? Send termination letter by email and registered post, and upon termination date, bring the equipment to their premise. Make sure all your emails sound reasonable, and try to bait the other side to send you vulgarities ridden emails. Have fun.