Brothers II Business Machines

Review: I run a printing business. I have been leasing a copier from Brothers II Business Machines ([redacted]) since 2009. In March of 20**, we verbally asked to be released from our contract. While the contract states that we must give 6 months written notice to be released, our contract expired on 1/**/11.The contract reads as follows: "The term of this lease shall be for a period of 24 months, commencing 1/**/09 and terminating on 1/**/11. Lessee agrees that this agreement shall automatically renew for an additional 6 month term at the same lease payment amount as during the original term, unless lessee provides written notice to lessor of its intent not to have this agreement renew for such additional 6 month period not more than 120 days, and not less than 90 days prior to the end of the term of this agreement." We have a question as to whether we are legally bound by this outdated contract which has not been renewed. We have a security deposit of $173.80 that we would like applied.We would appreciate any assistance you can give us in resolving this matter.Desired Settlement: We would like to be released from the contract. The contract expired in 2011, and we are current with payments through February of 2014. For this reason, we don't feel liable for the six month notice. We would also like Brothers II to pick up the copier, and we would like our 2 month security deposit returned

Business

Response:

Dear [redacted],

In regards to the matter concerning [redacted]

complaint # [redacted]

According to my records, the client notified us via

telephone April 2014 to pick up the copier and end the agreement. Since

his account was in good standing, I was willing to accept his verbal

cancellation, although the contract requires written notification 60-90 days in

advance. I informed [redacted] he would only be responsible for the open

payments up to that point for the January thru April period of $260.07 and a

pick charge of $150.00 plus tax. A total of $423.01. He was

agreeable to the pickup charge but seemed to dispute the amount due for

January- April period and refused to pay. I made several attempts by

phone to resolve this matter and he sent us a written notice to cancel on June

*,2014. In the notice, he stated would pay the pick up fee and wanted his two

month security applied to his balance and requested we accept these terms to

close account. I sent him registered mail explaining his responsibilities

on July **,2014, requesting resolution and payment by July ** 2014.

Without a reply to us, he then contacted the RevDex.com. I have tried to be accommodating to this gentleman. If he

is disputing the April payment, I am willing to overlook it and credit one

payment to get this resolved. I value our rating with Revdex.com and hope

to preserve a good rating with your organization. If he accepts this

resolution with us and Revdex.com, I do not want our good standing with you to be

tarnished and would like this complaint removed (not settled) from our account. The customer never contacted us verbally or in

writing up until April of 2014. All he was looking to do was not keep his

original commitment and not pay his bill with this complaint. We have a legal

document signed by the client in agreement to the original terms.

Unfortunately, this customer doesn’t want to pay but we have done nothing wrong

and shouldn’t be penalized for it. We have provided the customer everything

that was agreed upon. Please let us know if the customer and Revdex.com will agree to

these new terms.

Consumer

Response:

I have reviewed the response made by the business in reference to complaint ID# [redacted], and have determined that my complaint has NOT been resolved because:

[Your Answer Here]

As we stated previously, the contract expired on January **, 2011. We have been without a contract since then, but have made payments through January **, 2014. For this reason, we do not feel any further obligation under the expired contract. We are willing to pay the pick-up charge of $150.00, and would like in writing that this alleviates us of any further charges.

We do not agree that Brothers II is completely without fault, as they failed to renew our contract. As previously stated, the contract reads as follows:

“The term of this lease shall be for a period of 24 months, commencing 1/**/09 and terminating on 1/**/11. Lessee agrees that this agreement shall automatically renew for an additional 6 month term at the same lease payment amount as during the original term, unless lessee provides written notice to lessor of its intent not to have this agreement renew for such additional 6 month period not more than 120 days, and not less than 90 days prior to the end of the term of this agreement. ”

If our understanding is correct, the amount we owe is $162.37.

$423.07 (includes 3 months rent and pick-up charge plus tax)

- 86.90

336.17

- 173.80 (security deposit)

162.37

We will settle for this amount.

In order for the Revdex.com to appropriately process your response, you MUST answer the question above.

Sincerely,

Business

Response:

Per terms of the signed agreement, the lease is valid and automatically renewed until we receive your request to cancel in writing. This notice was not provided until June *, 2014. We are willing to accept

a reduced payment to satisfy your complaint as I stated in our previous response. The balance due to initiate pick up is $162.37 per your request.

Consumer

Response:

I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me and we will consider the matter resolved with a letter from Brothers II Business Machines alleviating [redacted] from any further charges in this matter.

Sincerely,