Make ISPs Read YOUR Fine Print > Cute but no sale

Cute but no sale

Its not non-sense.

Section 3-311 of the Uniform Commercial Code does state that a debt can be discharged with a check designated as payment in full "if the person against whom the claim is asserted proves that the instrument or an accompanying written communication contained a conspicuous statement to the effect that the instrument was tendered as full satisfaction of the claim." However, it's up to the claimant to prove "that within a reasonable time before collection of the instrument was initiated, the claimant, or an agent of the claimant having direct responsibility with respect to the disputed obligation, knew that the instrument was tendered in full satisfaction of the claim." So if you receive a check marked "paid in full" made out for less than the amount you have agreed upon, you'd best not cross out the words "paid in full" or write "disputed" on it and cash it anyway, as you risk having the entire debt discharged. However, this condition does not apply to "transactions conducted or performed, in whole or in part, by electronic means or electronic records, in which the acts or records of one or both parties are not reviewed by an individual in the ordinary course [of business]," which means that this scheme will not work at all for most bill or credit card payments, as those payments are typically handled by automated systems and not humans.

A check isn't the proper place for the EULA... the person who cashes the check may only have the authority to cash cheques, and not make legal decisions on the company behalf.

So if they cash the cheque, who is liable now??
1) The bank for cashing it?
2) The vendor for not reading it?
3) The corporate check casher who didn't forward it to management?
4) The customer for not sending it to the right office for review and acceptance?

I"m sure you have to pay your debt based on the appropriate EULA agreed upon at sign up... I don't think you can customize your EULA each time you make a payment.

reply to kcjames9
What L2006 said.

Have you ever actually read the agreements you sign? Verizon for example specifies that you must sue them in one State that doesn't allow class-action suits. Your credit cards detail terms and how they may be changed. Even if what you say could be taken as literal truth, and I wouldn't agree with that, then you most certainly agree at time of purchase/acceptance to a whole slew of conditions that almost always favour the corporation, especially with national and regional providers.
--
Air America Radio | The Brights

reply to L2006
Typically, I would assume #4.
Payment is required. Attaching a payment clause could cause the vendor to reject it, and you would then have to worry about late fees, or service cancellation (and cancellation fees) which is based on your TOS.