Getting out of a print contract

[DalekSec]

Afternoon All,

 

Our print support company, to put it bluntly. Are useless.

 

We still have under 2 years left on the 3 year contract. But they are now not responding to emails at all! I get the bounce back saying a ticket has been made. But then i don't hear anything back. Currently have 2 printers with issues that haven't been fixed.

 

Is there any way to get out of the contract early without paying the fee? Got to be a SLA loop hole or something!

 

Thanks

 

Dalek

[ThomL]

Was the contract agreed after an in-house tender or via a framework like: https://www.thecpc.ac.uk/ ?

 

I think things are easier to argue in these type of situations if a framework was used, have you had a good look at the contract for anything usable?

[DalekSec]

It was done in-house, i can't see anything in the T&Cs, i can see a bit about early termination but have to pay to get out

[Roberto]

Is there any way to get out of the contract early without paying the fee? Got to be a SLA loop hole or something!

 

This rather depends on the contract. Was a SLA defined? Does your org have access to legal advice - a complete lack of response could be argued that the contract has become frustrated but IANL of course?

[Oaktech]

Your best bet is on grounds of breach of contract on their part due to repeated missed SLAs.

 

Problem is, unless there is a glaring loop hole like the one above you can exploit, you'll need to lawyer up. That, speaking as someone who has had to do it fairly recently, can be more expensive than just buying out.

[TechMonkey]

Speak to some suppliers, at one point they were offering to buy out contracts to get you out early. Not sure what length of term they were looking at but might be possible.

[Oaktech]

Speak to some suppliers, at one point they were offering to buy out contracts to get you out early. Not sure what length of term they were looking at but might be possible.

 

That's a possibility.

 

When we had to do it all the suppliers who would buy out wanted 3 or 5 years + whatever was on left on the contract they bought you out of.

 

3 years, plus the 18 months left on the original made the device leasing out of budget for us. A 5 years + 18 months contract put us in budget but at a longer contract duration than our financial rules will allow for so we weren't able to utilise it either way.

 

Your mileage may vary.

[DalekSec]

We do have a supplier who ive met who wants to take over the contract. We have a legal team internally will ask them maybe.

 

The trouble is I doubt they will even answer the email about a termination of contract cost!

[dmj]

Do you know if the company is still trading?

[DalekSec]

Do you know if the company is still trading?

 

Is there a quick way of checking? Looked on companies house and seems to be there still!

[TechMonkey]

We do have a supplier who ive met who wants to take over the contract. We have a legal team internally will ask them maybe.

 

The trouble is I doubt they will even answer the email about a termination of contract cost!

 

Run past with legal but email asking for the cost to buy out the contract & if you have not heard back within 14 days you will presume there is no cost. Forces their hand.

[MatthewL]

Have you picked the phone up and tried calling rather than just emailing?

 

Do you have your account mangers number you can call direct on too?

[powdarrmonkey]

IANAL but if you PM me the contract I can armchair it for you in confidence.

[DalekSec]

Have you picked the phone up and tried calling rather than just emailing?

 

Do you have your account mangers number you can call direct on too?

 

Just tried.... no answer. Wanted to keep to email for the paper trail

[DalekSec]

IANAL but if you PM me the contract I can armchair it for you in confidence.

 

Just tried but seems you have PMs turned off!

[thimon]

Try calling their sales number, they usually pick up!

[dapaulio]

You likely pay monthly, quarterly maybe. Just withhold payment they will contact you then. Inform finance to divert conversation to you to discuss.

 

I did this regularly to company whose service didn’t meet expectation and who regularly ignore me.

 

If you want to you can heed warning that you have asked finance to hold the next payment until service discussions can be had.

 

Arm your self with the facts first. Document all the time they have not responded, breached sla etc

[Andrew_C]

It does sound like they have frustrated the contract.

[DalekSec]

You likely pay monthly, quarterly maybe. Just withhold payment they will contact you then. Inform finance to divert conversation to you to discuss.

 

I did this regularly to company whose service didn’t meet expectation and who regularly ignore me.

 

If you want to you can heed warning that you have asked finance to hold the next payment until service discussions can be had.

 

Arm your self with the facts first. Document all the time they have not responded, breached sla etc

 

Good shout, i have a ton of paperwork/facts to back up my claim. Just need sign off from above to do it!

[PotNoodleTech]

Generally, no there is no way to get out of a 3 year lease early. For evidence see the hundreds of schools in the past that got duped into bad contracts with unscrupulous reprographics and phone companies and even the LEA legal teams appear to have got no where.

 

There are two options.

 

1. Get a new contract with someone else, you will have to buy out the old contract, theres no way round that, but the new company can deal with all this and just give you a new yearly figure to pay.

 

2. Get your LA legal team involved but the issue is your school will need to have a watertight legal case to stand any chance of getting anywhere and most schools wouldn't have water tight legal cases and evidence trails for each purchase. (a heck of a load of accurate documentation, proof that you asked the company to behave in a specific way, proof that you followed the SLA and all applicable procedures, proof that you went to tender with 3 companies, proof that this company looked to the the best on paper and then spectacularly failed to meet their obligations, etc.)

 

Either way, good luck!!

[mikes]

Just to warn you, our old NM was wowed by the promise of a new print contract, we were in the middle of an existing contract but they said they could handle that no worries.

But by the time the new print system had been installed and we had to get out of the old contract - suddenly that was our problem and the NM was left carrying the can

He didn't get anything in writing, he said the sales guy seemed like a "nice guy" and so he believed him. I think it cost the school thousands but I stayed well away from the debacle so as not to lose reputation.

 

So beware - do not trust anything anyone says about getting you out of a contract early.

[dapaulio]

I agree. Anyone promises to get you out of a contract is deluded and just trapping you in another contract.

A contract is a legal binding document where it takes to legal entities to find and exploit or defend a legal loophole in their contract.

If you want a clean exit just negotiate with the vendor for a clean exit. Use all evidence that you have collated over the years where they have breached sla which may sound easy in theory but is difficult to prove and hope that any early exit they honour is a good thing.

Threats will only dig their heals in more and when you return the equipment they will be dead critical on every scuff and damage that could incur additional charges.

[klssandman76]

Its always funny how quickly they answer the phone then!

 

Try calling their sales number, they usually pick up!

[CHiLL]

We once looked at the possibility of exiting our print contract and we do have access to legal advice. We would have had to evidence every instance where service has been unacceptable or a breach of contract. We would have had to collect that for a prolonged period of time and pass it onto the legal firm, who would then write to the print provider.