Legal Question in Consumer Law in Massachusetts
Trying to Determine the Expiration Date of a Contract
I have a self renewing 3 yr contract with a vendor that is about to expire. In order for me to cancel the contract before it renews I must give them 60 days notice. The agreement date of the contract is 7/1/04 which leaves me to believe that it expires on 6/30/07 but the vendor is saying that it doesn't expire until 9/7/07 since we signed the contract on 9/7/04. So my question is which date is the true expiration date?
2 Answers from Attorneys
Re: Trying to Determine the Expiration Date of a Contract
There should be a date in which the contract takes effect.
The dispute should be cleared up by the terms within the body of the contract.
The best evidence of this is by reviewing the contract.
Re: Trying to Determine the Expiration Date of a Contract
Right. What does the contract say? If it began on the day stated (7/1/04), and there is no provision saying it actually begins sometime later (like when signed), the patent contract date should apply. Look also at the self-renewal provision -- does it say when the contract automatically self renews (i.e., the 7/1/04 constract date or some later date, like when it was signed)? Absent some language inconsistent with the stated contract date of 7/1/04, you have a strong argument that date applies.
If (and only if) there IS contradictory beginning date language in the four corners of the contract itself, then how you operated under the contract may become relevant to resolve the question (like, did either of your conduct through the years suggest you understood the date to be as stated or when signed).