RE: Two Contracts?

Subject: RE: Two Contracts?
From: "Joe Malin" <jmalin -at- tuvox -dot- com>
To: <techwr-l -at- lists -dot- techwr-l -dot- com>
Date: Tue, 20 Dec 2005 10:25:54 -0800

That's a good question! If my memory serves me, the contract that is
dated later takes precedence.

However, I would never accede to such a situation. I would never sign a
contract that I didn't agree with, regardless of what other contracts
might exist. That way, I'd never be legally forced to do something I
didn't want to do.

Granted, sometimes I don't have much of a choice. Apartment rental
agreements always seem to favor the landlord, and ski rental contracts
make you sign away your life! Even so, I accept them as the price of the
rental. Your situation is different.

The proper business approach to this situation is for you to make a
counter-proposal. It would include all of their contract and yours.
Where you disagree with their contract, you put in a compromise
proposal, and they do the same. That's what I have done when I've
negotiated sales contracts with wholesalers, sales firms, and so forth.

If they're unwilling to go in this direction, then I suggest you may
want to reconsider working for them. Also explore your options; an
attorney may cost you less now than when you have to fight this company
for money.

Joe


Joe Malin
Technical Writer
(408)625-1623
jmalin -at- tuvox -dot- com
www.tuvox.com
The views expressed in this document are those of the sender, and do not
necessarily reflect those of TuVox, Inc.

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^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

Hi, all! I've been contracting for several years, but mostly for small
companies. I am now in the process of trying to get a contract signed
with a large company for a new hourly rate project. After many e-mail
discussions regarding minor changes to "my" contract, today I was
presented with "their" boilerplate consulting contract. This contract
has several clauses that conflict directly with the text of my contract,
These clauses are clearly not in my best interest (like giving up the
right to trial by jury in a dispute).

My contact says her company always signs the consultants contract and
has the consultant sign theirs. Is the process of signing "two"
contracts common? (I've never done it.) If I sign them, which contract
takes precedence--perhaps the one signed first, or last??

Thanks in advance for any advice or helpful links. I wish I could afford
a lawyer to review their contract, but right now I cannot.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

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