Re: Brinks Home Security Evergreen Clause

["Edmond Fitzgerald" <ef@xxxxxxxxxx>]

"Frank Olson" <Use-the-email-links@xxxxxxxxxxxxxxxxxxxxxx> wrote in message
news:xwAOi.3747$th2.2285@xxxxxxxxxxxx

>>> Yet you seem to think that any company that would elect to enforce an
>>> "evergreen clause" should be considered a "bottom feeder".  "
>>
>> Not at all.   It's fine to have an "evergreen clause".  I don't want to
>> get new contracts each year if I'm the company and I don't want to deal
>> with a new contract each year if I'm the customer.  But that doesn't mean
>> I'm necessarily going to accept a cancellation provision heavily loaded
>> in the company's favor just because I'm the customer.  And I'm not going
>> to rely on a salesman telling me the company doesn't enforce the
>> egregious provision.
>
> And what salesman would say that?  That's the easiest "excuse" a person
> dumb enough to sign a contract with just such a clause without reading it
> would dream up.  "The *salesman* said you guys don't enforce it." You used
> the term "bottom feeders" to describe certain "nameless" alarm companies
> and now narrow the field to certain "nameless" salespeople. Who's the real
> "bottom feeder" here?  Surely not the customer that's trying to use every
> dirty trick in the book to get off of paying the cancellation fee?  It's
> gotta be that slimy salesman!
>

And what salesman would say that, you ask?  My first thought is to say maybe
one who has a couple of past due boat payments staring at him and is willing
to stretch the truth to solve the problem.  Not that there are many
salespeople out there like that, of course.

But if you read Orwell and Houdini's posts you will see Mr. Orwell tells of
an egregious Brinks cancellation provision that seems to be a part of their
evergreen clause.  I've never seen their contract and can't verify the
claim, but I've seen other contracts such as the one described.

Then Mr. Houdini posts the following:  "We all have such clauses in our
contracts. Like most reputable dealers, I allow my customer to cancel at
anytime after the end of the contract with a 30 day written notice".

So what kind of salesman would say that they *allow* their customers to not
pay the cancellation penalty specified in the contract?   Well the first one
that comes to mind is Mr. Houdini.

I take it if one of Mr. Houdini's customers came to you with this claim  you
wouldn't believe them because, as you say, they're obviously a bottom
feeding customer taking the easy road to get out of paying the cancellation
fee.  And we all know Mr. Houdini is anything but a slippery character.

>> Come on.
>
> Exactly.