What are our contractual rights on a service agreement?

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What are our contractual rights on a service agreement?

We are a small printing company. One of our vendors services our copy equipment but have recently been trying to get out of their obligation to service one of our older pieces of equipment. Our service rep presented a renewal contract to our president last month. He signed it and handed it back to the service rep. We are unsure if this service company has signed their copy however. Do we have any rights in this case? We signed the contract in good faith but don’t know if they have.

Asked on August 2, 2012 under Business Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If the vendor provided you a new contract and you signed it, it is enforceable in most cases--as a general matter, if party A drafts and provides the contract and party B signs it, that  is sufficient to show mutual agreement and form an enforceable contract. You may enforce the contract against them, too--i.e. enforce any of their repair, service, etc. obligations.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If the vendor provided you a new contract and you signed it, it is enforceable in most cases--as a general matter, if party A drafts and provides the contract and party B signs it, that  is sufficient to show mutual agreement and form an enforceable contract. You may enforce the contract against them, too--i.e. enforce any of their repair, service, etc. obligations.


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