Re: Problem with ADT Security Company

[Mike Sokoly <secure15@xxxxxxxxxxxxx>]

Here's NY's Law verbatim:
2. No provision of a contract for service, maintenance or repair to or for
any real or personal property which states that the term of the contract
shall be deemed renewed for a specified additional period unless the person
receiving the service, maintenance or repair gives notice to the person
furnishing such contract service, maintenance or repair of his intention to
terminate the contract at the expiration of such term, shall be enforceable
against the person receiving the service, maintenance or repair, unless the
person furnishing the service, maintenance or repair, at least fifteen days
and not more than thirty days previous to the time specified for serving
such notice upon him, shall give to the person receiving the service,
maintenance or repair written notice, served personally or by certified
mail, calling the attention of that person to the existence of such
provision in the contract.



Jim wrote:
> Bob Worthy wrote:
>
>>So in closing, what I am hearing is that, the auto renewal clause is not the
>>problem. What you have a problem with is that you are seeing a couple of
>>companies that have abused of the clause. But, if administered simply as
>>intended, it can be a good advantage for both the customer and the company.
>>As you said, benefit given benefit received. I has worked for me.
>>
>
>
> Just thought I'd add to this thread by saying that in NY, we are
> required by law to notifiy the client by certified mail, between 45
> days and 30 days prior to the renewal of a contract, that it will be
> automatically renewed if we don't receive a response prior to the end
> of the agreement. I too, hold the prices during the term of the
> agreement. The agreements are for 5 years initially and one year terms
> there after. If the client wants to "lock in" a fixed price for 5 more
> years, he can. If not, he's subject to price increases annually. Also,
> I've never enforced a contract on any client. Contracts are simply to
> build equity in my business. In my opinion, anyone who doesn't take
> advantage of something as simple as this and can't see the advantage of
> doing it, over the short term advatage of "not" doing it, simply to use
> it as a sales tool, deserves the consequeces.
>
> Here's a challenge,
>
> Is there anyone here, who participates in the group, who treats their
> clients the way Campbell says they do? Is there anyone here who "hides"
> their renewal clause in their contract? Is there anyone here who
> doesn't tell their clients the term of their contract? Is there anyone
> here who has maliciously persued a client who was in good standing and
> forced them to complete a contract, simply because you could? Is there
> anyone out there who raises their prices during a contract and their
> contract "forces" their client to accept it? Is there anyone here who
> doesn't allow their clients a grace period to read the contract so they
> can cancel?
>
>
> Hmmmmmmmmm?
>
> I'd go on, but I'm pretty sure this should give "someone" a better
> picture of what the "real world" is all about.
>