can a commercial contract/agreement self-renew without official notification?
Milwaukee, WI
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Posted 7 months ago in Contracts / Agreements
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we have a maintenance agreement with a self-renew clause but no provisions for notification. Can this self-renew without our explicit consent?
Answers (3)Alan James Brinkmeier
This attorney is licensed in Illinois.
Posted 7 months ago.
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Notification will be provided for most likely in the contract. Getting the written documentation you have is a good place to begin. Contact a local lawyer - many may give you a free consultation for an hour - to discuss your specifics. Far too many variables exist in the short post you wrote for any further observation by me. Many Milwaukee attorneys have information posted here on Avvo.
To self renew may also be a part of the contract terms. You might find my Legal Guide helpful "How to Choose A Lawyer For You" http://www.avvo.com/legal-guides/ugc/how-to-choose-a-lawyer-for-you You might find my Legal Guide helpful " What Do I Tell My Lawyer" http://www.avvo.com/legal-guides/ugc/what-do-i-tell-my-lawyer No one can know what the record is in the case because online we cannot see your documents. You need a lawyer. Check with a lawyer in your locale to discuss more of the details. Good luck to you. NOTE: This answer is made available by the lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney with whom you have established an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question. Lev Konstantyn Martyniuk
This attorney is licensed in Indiana and 1 other state.
Posted 7 months ago.
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If it is between two businesses an "evergreen" renewal clause (usually worded that the deal renews unless one party gives written notice to the other in advance of the anniversary that it's terminating) is valid.
So, assuming there's no underlying defense like fraudulent inducement, etc. to the contract's validity, the term of the agreement will renew. You need to give reasonable notice of non-renewal. Don't know what that would be in WI. May 30 days, more more depending on the original term of the contract. Contact a lawyer in your state to work through this. Disclaimer: I am offering this information for educational purposes only. I am not your attorney. You should speak to a lawyer in your state. Lev Konstantyn Martyniuk
This attorney is licensed in Indiana and 1 other state.
Posted 7 months ago.
Flag as objectionable
If it is between two businesses an "evergreen" renewal clause (usually worded that the deal renews unless one party gives written notice to the other in advance of the anniversary that it's terminating) is valid.
So, assuming there's no underlying defense like fraudulent inducement, etc. to the contract's validity, the term of the agreement will renew. You need to give reasonable notice of non-renewal. Don't know what that would be in WI. May 30 days, more more depending on the original term of the contract. Contact a lawyer in your state to work through this. Disclaimer: I am offering this information for educational purposes only. I am not your attorney. You should speak to a lawyer in your state. |