T&C's in seperate document

[martin111]

Hi,

I am being asked to pay a fee by a third party who withdrew from an agreement we had entered into. They assert that they can ask for this payment under the terms of the signed agreement.

The clause they are referring to is stated in a terms and conditions document which is separate from the document signed which states "I have read and agree to the terms and conditions overleaf".

I do not recall seeing this clause, nor have any copy of the original as supplied (its about 5 years old). There is nothing that demonstrates that the copy of the terms they have sent to me is the same as the one supplied at the time.

Are such references to external T&C documents binding?

 

[ALewis]

If the third party has withdrawn from the contract, any express terms found within the contract no longer relate to themselves.

For example: you and a shop enter into an agreement: you pay shop £10 per week for the delivery of a newspaper and a sandwich each day.
2 months down the line, the shop decides to pull out of the agreement and the deliveries stop.

The shop holds no legal grounds to demand £10 per week still.


Hopefully this helps ^ by putting it into another situation.
Alewis