Surface Pro (2017) vs Surface Pro 4
I have a service agreement whereby I receive an annual routine service visit.
They last came in April 06. I say they are now in breach of the agreement. They say as long as they come sometime in 2007 they are complying with an "annual" visit.
If the agreement was "12 monthly" of course, there would be no argument, but what is your interpretation on "annually"?
Can they really come on 31 Dec 07, then again om 1 Jan 08, and then not come again until 31 Dec 09?
If its for servicing gas appliances, then get in touch with Corgi and Ofgas. Gas products should be services every 12 months at the latest.
Anything else, then 12 months would be regarded as annual. If they take 'running' debit payments, then annual will be a contract period of 12 months from time of last service and contract date, or at least should be.
Blow them out and get someone more reliable.
means a visit that happens once per year. It doesn't necessarily have to happen at the same point in each year, although I can understand why you might think so.
I'm quite sure that the company would expect to be paid on or around the same date every year...:-)
One will have to look at the contract to determin what the true meaning of Annually is ment.
Take my M.O.T, that is knoiw as being Annually... Bit if I have3 the car M.O.T on the 22 Sept 2007, and on the 3rd Oct 2008 I've still haven't had a M.O.T done on it, I'm in trouble.... But this is because when youi M.O.T your car it actualy givess a date that the next M.O.T is to take place other wise your car becomes invalid...
But other items become into the so called grey area of law... This is simply based on relestic exspectations as such (slighly more complex, based on individual items) in other words it depends o impotance of what is being accessed and checked compared with regulations set out/ against relestic expectations and the law....
In other words, my M.O.T for my car has to be carried out within 12 months of the last test... Can be eariler but it can't be later than the date set...
But I can choose if I wish to complete the car service at the time of the M.O.T, or defer it to another time when I choose...
Its a very good nickname Josie,very appropriate,lol
It can most certainly be later, providing the vehicle is not in use.
I think you'll see from the definitions in your links that the word does mean something that happens every year - the meaning doesn't in any way imply that the event in question must happen at the same time each year.
If you wanted to do that you would need to say 'every twelve months' or 'at yearly intervals'. You might say "I'm off to make my annual visit to aunt maisie", and you might well make the visit at the same time each year, but the word doesn't mean that.
I've never understood that annually means "per CALENDAR year"
Many annual things are in fact NOT related to a calendar year - fiscal years being the best know example.
If in the period of 16 months (ie much more than a year) you haven't had a visit, then I think they really are trying to pull the wool over your eyes. As you rightly say, by their choice they could leave it for 23months, which would clearly not be the essence of an annual visit.
A properly written contract would actually define this much better, and you could possibly claim their definition of annually is an "unfair contract term."
I found a US Atomic Agency contract which actually gave a definition of annually as "approximately the same time each yewar, plus or minus one month". Now that seems ver reasonable. Plus or minus 11 months (your company's claim) seems entirely unreasonable.
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