Am I binded to a contract I did not sign?

Question

I purchased a product from a company. At the time of purchase I was given a 5 page contract to sign that was sopose to cover the company in every legal way possible on every legal ground, in a nut shell the contract stated that they would not be liable for any defect, damages, no returns etc. I skimmed through the pages and initial off the side on a few pages (these areas did not call for a signature but the sales person told me to initial the pages ). However, the final page read the following: "MY SIGNATURE BELOW INDICATES THAT I HAVE READ THIS ENTIRE AGREEMENT, UNDERSTAND IT, AND AGREE TO ALL OF ITS TERMS"(I did not sign that portion of the contract). The product was returned to the company because of defects and lack of service to resolve the matter and I disputed the charge with my Credit card company, now the company is trying to uphold the contract. Can the company uphold the contract ?

Answer 1

No. In addition, no matter what you sign the product must be able to be used for the purpose for which it was intended so you would still not be liable even if you had signed. Just make sure you notify the credit card company in writing within 90 days. A verbal notification does not count, it must be written.

Answer 2

The product you have purchased is governed by the “SALE OF GOOD ACT 1996” (formerly the Sale of Goods Act 1979).

Under the Sale of Goods Act 1996 (which I will now refer to hereinafter as the “SGA”) under S14 goods must be of “satisfactory quality”. The 1979 Act referred to it as (“merchantable quality”)

This means that on an objective test (“reasonable person”) goods must fulfil the requirements for use. E.g. a kettle must boil water to a “reasonable standard”, a torch should emit light to a “reasonable” standard. These are what are known as “implied terms” . They are part of the contract and cannot be excluded by notice, agreement or otherwise.

The contract you signed in which the company stated they would not be liable for any defects etc. is void. If the product is defective then there is no question as to whether it is not of “merchantable quality”. There is a fault and therefore you can get your money back or a replacement.

Under the consumer Credit Act 1974 contracts made with the purchase of a credit card must be in writing. This explains why at a checkout you are presented with a slip. If you have not purchased the goods with your credit card then you have made a purchase with your conduct - taking the goods. In other words I do not believe, unless the contact stated otherwise, that the signature was required for a contract to exist. Your signature is essential superfluous to a contract. By the company giving reasonable notice of the terms you are bound by them.

If you did not sign then it is possible that the credit charge transaction is void and should not have gone through. What I do not understand is why the transaction was allowed without a signature - check this!

If it is valid under the CCA 1974 a collateral contract exists between you and the credit card company. They may also be sued.

Contact the credit card company and explain the situation and tell you did not sign. The credit card company should be able to get you your money back. Alternatively you may sue the supplier of the goods for breach of s14 .

You have an excellent case if you want to win!

Good luck!

Answer 3

Because you initialed certain sections, they will be able to argue that you had the intent to agree to the contract, and that your lack of signature is a non-fatal defect. In other words, they'll use your initials as binding you to the terms, and then argue that you accepted the terms verbally by your actions in taking the product.

The court might buy that argument -- it might not. You would be coming back with the fact that your lack of signature means you did not agree to all the terms, and that your initials only indicated awareness of the terms, not agreement.

Without checking the specific laws in your state (and without being licensed to practice law in your state), there's now way to accurately predict how the court will rule.

Answer 4

The signature is irrelevant. If you took the product, knowing that there were terms of the contract, tough titties if you didn't read it. That was your choice. At least that is what the law says.

Whether the product was fit for its purpose or in need of repair that was not obvious when you took it is a different story. Many jurisdictions require a seller to replace or repair regardless of anything in the contract. The precise form of these requirements depends on where you are.The credit card company probably will not get involved in this sort of problem.

Answer 5

If you live in the UK the situation is as follows:

Answers to this question are hampered by lack of detail as to what you bought and in what capacity

1. If you purchase the product as a consumer, and it was offered for sale by a business, then the contract is virtually irrelevant. As the answers above have correctly stated, the SGA over-reaches opt-out clauses as regards fitness for purpose etc.

2. If you bought the product in the course of a business as a business (i.e: not a consumer) then the terms of the agreement are highly relevant.
As a business to business transaction, the parties are entitled to define the terms on which you purchase, and they sell, a product in an agreement.
However, even in those circumstances, the supplier cannot ask you (as a business) to waive your rights in respect of defects you did not know of and could not have known of (i.e they were not obvious on simple inspection)

In scenario 2 above the failure to sign the last page is completely irrelevant to the contractual relationship - you're bound by the terms. Anyone who tells you otherwise is simply wrong.

So the 'simple' answer is it depends on
(i) what you bought
(ii) the capacity in which you contracted
(iii) the nature of the defect.

('lack of service' is unlikely to be a relevant factor as to your entitlement to return the 'product'.)

Answer 6

Well, lets not forget that a contract can be both written or verbal. Meaning if you said to them "i agree to this" then LEGALLY you are bound by that contract - ofcourse proving a verbal contract is another thing.

However regardless, it is a basic refund policy right in most places (varies from state to state) that you get money back guarantee if the product is broken, does not do what they advertised it doing etc. even if you sign a contract you are entitled to a refund.

You should have just cancelled the order on your credit card and told them to take you to court.

Answer 7

Your state regulations might variety, yet there are basically constrained strategies which you, as a minor, might nicely be sure by way of a settlement, absent court docket approval. Your mum and dad, in spite of the undeniable fact that, can quite settlement with the mummy and dad of your sparring companions, and persons try this each and all the time. Ever had to get a permission slip signed for a container holiday or after-college activities at school? It maximum probable waives and releases the college from any court docket circumstances by way of your mum and dad for any injuries that would happen to you interior the particular software, to no longer point out protecting the college from being sued for something you may desire to do to every physique else partaking (indemnification).

Answer 8

If you live in the UK, the company is bound by the Sale of Goods Act. If the product was "not of merchantable quality" i.e. faulty within the guarantee period then you are entitled to either (N.B. either not BOTH) a refund of the purchase price or a replacement of the goods.

Answer 9

Not if you didn't sign it. Just reminded that you didn't.

By the way I would never buy a product with such kind of contract, basically they wanted you to quit all your rights as a customer; How did you got away with not signing it?

Answer 10

i dont think that they can hold you to a contract that you did not sign. the whole point of the contract is that when you sign it, you agree to whatever it states, but since you did not sign it, you therefore did not agree and it is there faut for not checking that you signed it before sending you the product