New York, NY asked in Contracts for New York

Q: Can a coffee vendor refuse to pick up it's equipment until I pay a termination fee and the life of the agreement ?

I reached out to the coffee vendor asking why our cost of coffee went up from the agreed pricing they indicated that due to high fuel costs they had to increase its coffee prices for all of there clients. I tried to negotiate a better price but was not successful. After a year, I found another vendor who provides better cost for coffee and no contracts or minimum orders. Now the existing vendor wants to charge me a early termination fee plus the life of the agreement. Which adds up to $3000 . They refuse to pick up their equipment. And in addition they indicated via email that I must also pay $99 for each month I did not place an order. Is my agreement legally binding with a coffee vendor?

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1 Lawyer Answer
Douglas J. Shumway
Douglas J. Shumway

A: It is a little strange that the vendor is not willing to pick up the equipment because it probably has a contractual right to be paid an early termination fee, etc. Most of the time vendors are very excited to pick up equipment so that they can sell or lease such to someone else and get paid by the original business (yours). You should take your contract into an attorney and let him/her provide you with advice based upon its specific language. Most attorneys will review documents for a reasonable flat fee. The foregoing answer is provided by Douglas J Shumway, Esq.: (801) 478-8080. The answer provided is not intended to form an attorney client relationship and should not be construed as legal advice. Mr. Shumway is licensed only in Utah. Mr. Shumway's law firm has offices in Salt Lake City, San Antonio and Las Vegas.

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