Legal Question in Business Law in New Jersey
Contract question
Contract with Vendor expired April, 2003. Been doing business with vendor with no contract since then. On january 23, 2004, i gave written notice to vendor that effective March 1, 2004 i would be terminating our relationship. Vendor says that b/c i didnt give him 90 days (the notice period in our original agreement)i owe him damages. With no contract, what is the time required when giving notice to terminate?
2 Answers from Attorneys
Re: Contract question
Much depends on the specific wording of the contract as originally signed and custom since then. What did the original contract say about renewal? Were there negotiations since the original contract expired that broke down? How were orders formulated? Was there any paperwork along with the orders either upon purchase or delivery? All of these factors can be issues. But with over a month of notice, vendor will have a hard time proving lack of notice, on the other hand that doesn't necessarilly prevent them from suing should they beleive in good faith that damages are owed.
Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.
Re: Contract question
Some contracts have automatic renewal/continuation clauses. If yours does not have such a clause, then the contract terminated on the specified date. The notice that you provided was more than what was necessary. Even if the vendor sues you, he cannot win. Our office handles these types of cases. If you need assistance in the future, please do not hesitate to give us a call at 212-267-7000.
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