Mobile Terminal Card Machine Contract Termination

jasper0606

Took out a 36month card machine contract. I work in seasonal trade for 6 weeks a year, in year 1 we lost considerable sales due to connectivity issues which we complained about got new SIM card still didn't work. Year two same problem got a new machine still no joy with only one person working, it was not possible to complain everytime the machine had issues in the end I didn't tell people I had a machine unless it was in the morning or evening. I complained wanting to terminate, they are only offering me 2 free months and upgrade which he conceded all customers with that machine were getting. I can cancel after 18 months but apparently under the unregulated hire terms I still have to pay the balance of payments due less 5%??? Is this an unfair term - guessing not as Streamline are a big player? They let it slip they had numerous complaints about the machine so did they sell me a machine fit for purpose? They are saying should have notified them this last period about the machine which I did albeit not everytime and quite frankly at my busiest time of year when they shut early not possible. Any suggestions welcome.

vuvuzela

Unfortunately you might want to look for a business forum, this one is more consumer oriented so you might not be able to get much help. Hopefully someone might know something though...

jasper0606

Thanks Vuvuzela, thought it was worth a try given it was an agreement covered by the CCA 1974! Annoyed covered by the Act but then in the unregulated terms and conditions which is in the annex of the booklet.... yes booklet.... of the terms and conditions.... basically making the right to terminate after 18 months useless and ineffective:mad

bris

B2B contracts don't have unfair terms, as a business you are above the level that consumers need for protection.

The contract will dictate your options, look through the contract to see if they have a clause for this type of scenario, as it's a bit vague I would doubt it.
This would mean that the contract is in breach, in fact there may even be a part in the contract about what you can do if they fail to deliver the service promised. Have a good read of the contract and see if you can find anything relating to their failing to provide the service and point it out to them.

arcon5

They are right in that you should have contacted them about the issues so they can rectify it. Your options are in the contract. If the contract has no provision for such situation and they are unable to remedy it then they can still be considered in breach of contract giving you grounds to terminate.

Although B2B contracts have no where as near the level of protection you'd expect a consumer to have.