dbarc
join:2000-01-22
Fort Wayne, IN
| reply to SomeHope
Re: Advice for a small company
said by SomeHope:
From what I know Zyan's standard consumer contract is VOID and not enforceable in California courts due to the simple fact that they cannot produce an original contract. Remember we all faxed in our contracts to them, so they do NOT have an original contract to present in court. Think about it California is the most consumer friendly state in the Union, no Judge will take a photocopied signature seriously, who knows what terms a company could have put on that signature.
I can understand the frustration, but feel your post may not be totally accurate. For one, the Zyan is now in bankruptcy. That's a FEDERAL court, not state. The validity of any contract will not be determined by California state laws. Though IANAL, I'm not aware of a signature on a fax not being accepted if the signature is a legitimate signature and have seen many many many of then accepted as being binding. I think the best bet is that they simply haven't provide the service for which the contract applies. But to get out of it now, IMHO, it'll take the blessing of the bankruptcy judge ( or an appointed trustee or referee) if you don't want to pay cancellation fees that may be included within the original contract. |
