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  1. #1
    Join Date
    Nov 2012

    Default Early Termination Notice for Marketing Services

    My question involves business law in the state of: NEW YORK

    I am currently under contract with a company that provides sales and marketing services for my products, which I manufacture in NYC; the company uses samples/prototypes as tools to sell my products and for that they receive a fee of 1000 a month for these services. I had a terrible sales season and decided to execute an early termination clause with this company; I issued the early termination which states 90 days notice; which is what I gave; the contract also states that marketing fees and arrears are due immediately upon notice; the marketing company issued me a bill for 3000 (the 90 days notice) as I issued them the termination notice and there were no arrears; so I essentially paid the 90 days advance to cover the notice period; the marketing company then told me to vacate my samples immediately after taking my money for the 90 advance days and then tells me that they can't perform any work for me for 90 days because they won't have the samples, but they want me to vacate the samples from their showroom immediately..

    How do I remedy this and do I have a legal recourse in this case?


  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Early Termination Notice for Marketing Services

    If your contract provides that they will fully promote your product during the 90-day period, how about reminding them of their obligation and indicating that if they wish to be released from that obligation in advance of the conclusion of their contract they should refund their unearned fee for the remainder of that period.

  3. #3
    Join Date
    Jul 2012

    Default Re: Early Termination Notice for Marketing Services

    In future, please use more than a lot of semicolons as punctuation.

    If the contract doesn't say that this 90-day notice is a liquidated damages fee and that they're free to stop operating under the contract/not working for you immediately, then it doesn't make sense to tell you to "vacate" your samples (whatever the heck that means -- remove?). You're free to point out that flaw in their logic.

    Your question doesn't make a lot of sense in that the common sense response would be "Uhm, read the contract and tell me where it says X."

    You're free to insist on their performance of the contract. Whether you want them to refund the 90-days' worth of fee and call it a day, can't know from here. Seek local counsel if need be (though that doesn't seem worthwhile over $3k, so I'd try to work it out).

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