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Contract Breach Threat

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D

dleslieh

Guest
I am in Ohio. The Other Party is in Seattle Verdana

I have a contract with a person in seatlle to sell the products for which he holds re-seller contracts. Our sales contract states that I "will not engage in distribution with his current contractual vendors as long as contract is in effect."

Note: He has never sent me a signed contract, I have singed one and sent him a copy, but he has never sent me a signed copy.

Recently I started contacting those vendors for applications and talking to them about getting my own re-seller contracts; I did not want to terminate my sales agent agreement until I knew I was going to be able to acquire my own contracts. I do not have any contracts with his vendors, nor have I attempted to sell product without him...all orders have gone through him. Further, my web site is clearly marked, "I am a sales agent of [Reseller]....further...I have told each vendor about my sales agreement with this person, and advised them that no application received is to create a distribution contract until my contract has ended with the re-seller.


He found out that I was planning to go solo, sent one email accusing me of breach on the grounds of "engaging in distribution" and I have not heard from him since...he is not even responding to emails regarding orders.

1. What are your thoughts on that?

One contract provision states "[Reseller] will pay [me] on the last day of the month for all paid sales. he has NEVER paid on time, and is usually 5-7 days late with commission checks.

He still owes me 4k.

The Contract also states: "Either party may terminate this agreement with 60 days written notice. It is understood that any moneys owed will remain due and payable to [Re-Seller] and the contract will continue until end of 60 day period."

I have given him an email notification that I am terminating our agreement.

He has not responded to phone calls or emails since.

Any advice on how to handle...desire to get paid the 4k and hopefully start doing business for myself asap.

Note: He asked me to sign a 2-year non-compete agreement not too long ago, and I told him no.

Thank-you in advance.
 



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