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Network and Classroom Management Thread, FAO: Schools in Peterborough using 'safecom' with DANWOOD in Technical; Hi There Just wondering, did you find yourself bound by a Danwood EVERGREEN contract - have you actually managed to ...
  1. #61

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    Hi There

    Just wondering, did you find yourself bound by a Danwood EVERGREEN contract - have you actually managed to get out of it?

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    I'm also looking to find anyone that got out of one of these contracts?

    Has anyone successfully avoided the "significant financial penalty" which this appears to entail?

    Your help and opinions would be much appreciatted?

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    Hi everyone
    I would also like to know if anyone got out of a danwood contract and avoided financial penalties.
    In 2011 i signed with danwood because as explained by the salesman was cost effective so I signed a blank contract with only my and company details filled in the salesman filled in the blanks in his office. I never got a copy of this until i complained that what was agreed was not what I am paying for.
    Danwood don't want to know their argument is I signed the contact for 5 years so tough.
    The black and white copies are costing 10.332 pence and colour 14.606 pence.
    please help

  4. #64

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    Quote Originally Posted by Chris-Mark View Post
    Hi everyone
    I would also like to know if anyone got out of a danwood contract and avoided financial penalties.
    In 2011 i signed with danwood because as explained by the salesman was cost effective so I signed a blank contract with only my and company details filled in the salesman filled in the blanks in his office. I never got a copy of this until i complained that what was agreed was not what I am paying for.
    Danwood don't want to know their argument is I signed the contact for 5 years so tough.
    The black and white copies are costing 10.332 pence and colour 14.606 pence.
    please help
    What were you expecting to get from them? I mean in the sense of you're saying it's 5 year contact, at X pence. But did you expect 5 years? Did you expect less price per print etc?

    Steve

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    Quote Originally Posted by SSM View Post
    It is an Equipment Service Agreement but it says it lasts 60 months from November 2009!!

    The printers we bought were expesnive (costing over 10K in total for the two) so we can't put them to one side and not use them.

    I have scanned the t&c's and uploaded them as an image.Attachment 13679
    Clause 4.10 could imply that they want you to break the law by allowing them access to someone else's premises, if they are storing the toners on your behalf and they refuse you access.

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    Hello Zahraauk

    Unless you changed the small print before signing, you are in fact, tied to Danwood for 5 years, not 3. Your lease may be for three years but the service contract clause says clearly, in 1:1 "Initial Term means a period of 60 months from Commencement of this Agreement"

    This is repeated again in clause 2 and then in clause 6.1 "This Agreement can be terminated by You 60 months after the Installation Date or on any subsequent anniversary of that date if You have given at least 90 days prior notice in writing to Us."

    Even if you bought the machines outright, Danwood still have a financial hold over you for 5 years! Amazingly, even if you stop using the hardware, they can still charge you for prints you would have used, clause 7.1.3 states this clearly.

    Sorry to be the bearer of bad news.

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    Unhappy

    Quote Originally Posted by SNAssessor View Post
    I'm also looking to find anyone that got out of one of these contracts?

    Has anyone successfully avoided the "significant financial penalty" which this appears to entail?

    Your help and opinions would be much appreciatted?
    Hi SNAssessor

    I have learned that this contract has not been called Evergreen for roughly 4 years, which explains its disappearance. In its latest guise, it is called Managed Print Services or MPS contract. There are so many terms and conditions that the one I saw was printed on both sides of a piece of A2 paper then folded into 4!

    It is a very complicated contract that is presented in a very clever way; only their most experienced salespeople are allowed to use it. This contract is immensely profitable for this supplier but seems to bring misery to so many customers when they realise their mistake years later, but then it is too late.

    You are not alone; there are quite a few large “household name” organisations that have been unwittingly tied up with this contract. You have not heard about them because generally they are highly embarrassed about the situation and do not want to be perceived as being foolish by their shareholders or the public at large.

    This MPS contract is a bit like them helping you to “max out” your credit card every month and then helpfully they also increase your credit limit to facilitate your new spending. All goes along happily for years until one day the bank comes to take your house away!

    Even if you completely stop “spending” and wisely cut up “the card”, you are stuck with them, their service, their escalating bills, and your old equipment for another FIVE years! There is normally only one option, "bite the bullet" and stop the contract by electing for the fixed 5 year term to start; then do not change anything else with this company.

    And yes this contract is legal and has been tested in English courts. Whether it is moral is a totally different question of course!

    Sorry to be the bearer of bad news!

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    Danwood Sales People vs Contract

    Hi All - I too am looking to see if anyone has any experience of getting out of one of these contracts? We signed a contract a long time ago and have just now - 6 years later been told that it never entered the 'fixed period' - so our 5 year contract, already 6 years old, still has 5 years to run. It gets a lot more complex, but I also have e-mails confirming that our contract should have ended. However it seems what the Salesperson told me isn't what the contract states. Any help gratefully received. Cheers Sinista

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    Did you get help with this contract?

    Hi There, I am new to this thread, having a read through some of the issues people have been facing with DW. I used to work for them about 3 years ago, I would be happy to help where I can for things to look out for, Volume agreement, Lease and Service and MPS/Evergreen contracts.

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    You could be on a volume plan?

    Quote Originally Posted by zahraauk View Post
    Also i'd be intrested to know other organisations costs per sheet, we are charged 5p for black and white and 21p for colour which seems very high
    Hi there, It may be that you are on a volume plan, (designed for business with high volumes of print) Basically you pay the capital cost of the kit and the service cost as one quarterly payment, not designed for low volume environments.dankearn

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    Guess your part of the cull Sue,this is a genuine offer of sympathy,lol

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    they will take any volume,but bear in mind your annual increase is applied to service and capital on a volume plan,dodgy dealings your not told about i guess,u normally expect or can accomodate a service increase,but usually capital cost,as per a lease,is fixed for term of contract

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    Quote Originally Posted by Sinistapenguin View Post
    Hi All - I too am looking to see if anyone has any experience of getting out of one of these contracts? We signed a contract a long time ago and have just now - 6 years later been told that it never entered the 'fixed period' - so our 5 year contract, already 6 years old, still has 5 years to run. It gets a lot more complex, but I also have e-mails confirming that our contract should have ended. However it seems what the Salesperson told me isn't what the contract states. Any help gratefully received. Cheers Sinista
    Hi Sinista,
    the man that allegedly had the evergreen idea,try contact him now.

    REPLY FROM DANWOOD, DIRECTOR OF GROUP FINANCE

    Ladies and Gentlemen, I have read with interest the replies to Ben Stanton regarding the use of Safecom with Danwood and was concerned to learn of the problems that have been aired with regard to various types of contract that are in use. For the avoidance of doubt I would like to clarify the situation to allay members' fears. Danwood use a variety of different contracts through Danwood Group Finance.
    1. Rental - the rental contract for schools normally goes through the OGC contract, is completely transparent, service is charged separately, again on OGC pricing, it is easy to register with OGC and benchmark all the manufacturers, suppliers, products and pricing.
    2. Total volume plan - this contract combines the rental and service cost and by adding the two quarterly amounts together and dividing by the volume, creates a cost per page. The advantage of this contract is that the volume dictates the payment made each quarter, and if the machine is over-used, the contract will end early, with no financial liability to the school.
    3. Evergreen - this is a complicated contract and was designed in essence as a large, revolving corporate credit card. The fixed payment kicks in when the technology refresh period has been completed and pays down the capital outstanding. At any time during the fixed period, the contract can be opened up to allow new equipment to flow into the contract, either additional machines or machine changes. The contract is designed to keep payments within a budget that the school is comfortable with. Because the Evergreen contract is complicated, the decision was made two years ago to withdraw it from the market place for schools

    I note that there are queries over the terms of the Evergeen contract and would be pleased to supply any of the members who have the contract, with terms and conditions relating to their contract and to visit them and explain to them in detail so that they understand the contract and can either use it to their benefit or change to a fixed rental plus service should they wish to do so.

    My contact details are as follows:
    Gary Elms, Director of Danwood Group Finance
    gary. elms @DanWood.co.uk (01522 8344565)



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