How can I get out of my contract for a point of sale systemif I never received the right equipment or functioning software?

UPDATED: Nov 7, 2011

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How can I get out of my contract for a point of sale systemif I never received the right equipment or functioning software?

I agreed to finance a point of sale system for my restaurant. I agreed to receive new hardware and pizzeria software for our dine-in take-out and delivery business. It has now been 2 months and I have only received refurbished equipment with non-functional software. I have talked to the finance company and they prepaid the other company for my hardware and software and therefore say that I am liable. How can I get out of this contract? I was promised that I would have my system 2 months ago, on the day that we opened; I still haven’t received anything as promised.

Asked on November 7, 2011 under Business Law, Michigan


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The way to set up a basis for you to get out of the contract that you want out of is to send the vendor a written letter advsing it of its breach of contract with you setting forth as many points in the letter supporting the breach. Keep a copy of the letter for future reference.

In the letter give a set date to perform and if no compliance, advise the vendor that you will deem it in breach of the agreement and as a resuly to are rescinding the contract due to the vendor's failure to perform.

You might consider consulting with a business attorney further on your question to review the contract or even write the suggested letter to the vendor.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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