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?
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?