Legal Question in Technology Law in New York

I have a contract with a software leasing company based out of PA who charges 16% late fee in accordance with their laws. The contract does say that the contract is governed under the laws of PA. However, I was told that software leasing laws state that the state laws apply of the state where the services are being renedered. If I am in NY, can they charge me this fee?


Asked on 8/13/10, 7:07 am

1 Answer from Attorneys
Kaiser Wahab Wahab & Medenica LLC

Late Fees are common in nearly all services contracts, including software license agreements. That being said, the late fee provision will likely be governed by the choice of law provision in the agreement, provided that such agreement and provision are valid in their totality. Hence, the location of the licensee will likely not invalidate the late fee charge.

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Answered on 8/18/10, 10:38 am


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