Marina Contract

[Sticky Fingers]

The wording suggests this is a fixed term contract. If you didn't explicitly renew the contract then it should be deemed as expired on the date as shown in the agreement...

Sorry, but I don't agree. It expressly is NOT a fixed term:

"At the end of the Initial Contract Term the Annual Berthing Contract shall continue until such time as either the Company or Owner shall terminate in accordance with clause 8"

The continuation is explicitly stated. So it's open ended with rolling extension until terminated.

 

[boatingdave]

Fair point - I didn't realise your references were from the actual contract - the extracts the OP gives do not indicate this is a rolling contract. However it is also an oxymoron. It is NOT therefore an Annual Contract, it is more akin to a continuous service contract. I think there is a strong case here to fight it and if I was in the same position I would do so.

Sorry, but I don't agree. It expressly is NOT a fixed term:



The continuation is explicitly stated. So it's open ended with rolling extension until terminated.

 

[Chi Man]

Fair point - I didn't realise your references were from the actual contract - the extracts the OP gives do not indicate this is a rolling contract. However it is also an oxymoron. It is NOT therefore an Annual Contract, it is more akin to a continuous service contract. I think there is a strong case here to fight it and if I was in the same position I would do so.

 

[Chi Man]

Well after a couple of emails back and forth, got my point across about end date and being just charged for balance of period, result !! Fair play to the Marina in the end, perhaps they were reading this thread!

 

[Sticky Fingers]

Excellent, glad you're sorted.

 

[boatingdave]

Nice one. Glad you had a satisfactory result.