Legal Question in Business Law in South Carolina

master card/visa terminal

I signed a contract to purchase a visa/mastercard terminal for a monthly fee of $85.00. I have had this terminal for about 3 months. I have made two payments and the third is due. The problem is that the terminal doesnt work. The company who Im purchasing it from has not activated it for some reason. I have made several attempts to get them to turn it on but it still doesn't work. I purchased the terminal for my home business but I haven't benefited from the use of the terminal yet. I wish to cancel my contract with this company so I can find another one that will work for me. I have tried to voice these concerns to the company but they will not release me from my contract even though the terminal doesn't work. In your professional opinion is there any way I can get released from this contract. The contract is for three years.


Asked on 8/28/99, 6:10 pm

1 Answer from Attorneys
Lawrence Graves Coolidge & Graves PLLC

Re: master card/visa terminal

Of course you have recourse. First, read the contract -- it probably obligates the company to deliver a working unit. Even if not, you should realize that the provider has breached the contract and you need not perform any more. There may be a "notice and opportunity to cure" provision that gives them the chance to fix the machine and avoid a breach of the contract. But I would certainly not make any more payments until you get a working unit.

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Answered on 9/02/99, 3:47 pm


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