linen company changed length of contract with out notice.

UPDATED: Sep 30, 2022

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linen company changed length of contract with out notice.

Owner of a small business.

Singed a 36 month contract for Linen services in May 2015. Dec 2015 asked that delivery change to every other week rather than weekly. Delivery man handed me a paper to sign for the change of delivery. This month Aug. 2016 I asked to stop all service. Linen company says that in Dec when I asked to switch to every other week that I signed a contract for 60 months. and that now to get out of it I have to pay the liquidated damages for service up to 2020

Can they change the length of time of the original contract with out informing this has happened? When signing in December I was told I was signing for the weekly delivery change nothing else was mentioned.

Asked on August 16, 2016 under Business Law, Wisconsin


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

They can't change the length of the contract without your consent, and if they did, that would be unenforceable; you'd only be held to the contract you'd signed. That said, what you need to watch out for is the following:
1) If your original contract was for a set number of deliveries, and/or stated that any change in frequency of deliveries would change the contract length, that would be enforceable--so in changing the frequencey of the delivery, you may have changed its duration. (By halving the frequency, you could have doubled the remaining duration, for example.) Check the original contract to see if this was the case.
2) If the document you signed for the change in delivery extended the contract, you would held to it--when you sign an agreement, the law presumes that you read, understood, and agreed to it, and holds you to what you signed. Review what you signed to see what its effect was.

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