Non-disclosure requirement

[eeziduzzit]

NY

As part of a signed "settlement agreement" for the return of goods a company is requiring me to agree to a "non-disclosure" provision not contained in the original Order Terms and Conditions of the purchase. Can they do this? Thank you for your assistance.

Provision : "I agree and accept as refund indicated above and full and final settlement of cancellation of this order. The terms of this agreement are confidential and are not to be published or discussed publicly with any other third parties."

Order T's & C's: "After shipping and within 30 days from date of delivery you can return your ------, provided your ----- has not been installed or used, for a refund of your purchase price less a 25.0% restocking fee and plus all “to and from” shipping and handling charges. ----- returns must be in original condition and carton(s), (otherwise charges will apply) for inspection and approval to our designated return(s) warehouse only."

 

[Zigner]

NY

As part of a signed "settlement agreement" for the return of goods a company is requiring me to agree to a "non-disclosure" provision not contained in the original Order Terms and Conditions of the purchase. Can they do this? Thank you for your assistance.

Provision : "I agree and accept as refund indicated above and full and final settlement of cancellation of this order. The terms of this agreement are confidential and are not to be published or discussed publicly with any other third parties."

Order T's & C's: "After shipping and within 30 days from date of delivery you can return your ------, provided your ----- has not been installed or used, for a refund of your purchase price less a 25.0% restocking fee and plus all “to and from” shipping and handling charges. ----- returns must be in original condition and carton(s), (otherwise charges will apply) for inspection and approval to our designated return(s) warehouse only."

Sure they can.

 

[eeziduzzit]

Sure they can.

Thank you for your response. Maybe I didn't make the situation completely clear: the company is requiring the signed agreement to the non-disclosure provision as a condition for return of the goods. The Oder Terms and Conditions stipulate the conditions for return of goods. Nowhere is assent to a non-disclosure provision mentioned. How can this requirement be restrospectively introduced into the legal agreement constituted by the act of purchase?

 

[quincy]

Thank you for your response. Maybe I didn't make the situation completely clear: the company is requiring the signed agreement to the non-disclosure provision as a condition for return of the goods. The Oder Terms and Conditions stipulate the conditions for return of goods. Nowhere is assent to a non-disclosure provision mentioned. How can this requirement be restrospectively introduced into the legal agreement constituted by the act of purchase?

Settlement agreements often include non-disclosure clauses. This is so that others will not think they can get the same type of agreement.

It appears that your return falls outside the normal return terms and conditions and the settlement agreement was fashioned for your specific return alone.

You have the option of settling under the terms as offered, negotiating the terms, or refusing to settle. The company has the option of leaving their settlement terms as they are, negotiating with you different terms, or refusing the return.

 

[eeziduzzit]

Once again thank you, for a considered and informative reponse. The overall point of my inquiry here is that I wish to provide online reviews of my very unsatifactory experience with this company for the benefit of fellow consumers, and do not wish to be restricted in the extent of information provided. The exorbitant "restocking fee" and inflated shipping charges itemized in the "agreement" below are among the important items to bring to the attention of anyone contemplating a similar purchase. How restricted would I be in referencing the "settlement agreement" below - must I just avoid mentiong specific dollar amounts, or do the restrictions extend beyond that?

Re:Cancellation of Order # --------

Based on the following Order Terms & Conditions, you qualify for a partial refund:

ORDER TERMS & CONDITIONS
After shipping and within 30 days from date of delivery you can return your ---------, provided your --------- has not been installed or used, for a refund of your purchase price less a 25.0% restocking fee and plus all �to and from� shipping and handling charges. --------- returns must be in original condition and carton(s), (otherwise charges will apply) for inspection and approval to our designated return(s) warehouse only.

ORDERED ON: June -, 2015
CANCELLED ON: July -, 2015

$4000 + Total Paid
$1000+ Cancellation Charge
$750+ Shipping Charge (there & back)
$2000+ Total Refund

I agree and accept as refund indicated above and full and final settlement of cancellation of this order. The terms of this agreement are confidential and are not to be published or discussed publicly with any other third parties.
X______________________________________________
NAME (print): _________________________________
DATE SIGNED: _______________

 

[Zigner]

The answer doesn't change just because you ask again.

Once again thank you, for a considered and informative reponse. The overall point of my inquiry here is that I wish to provide online reviews of my very unsatifactory experience with this company for the benefit of fellow consumers, and do not wish to be restricted in the extent of information provided. The exorbitant "restocking fee" and inflated shipping charges itemized in the "agreement" below are among the important items to bring to the attention of anyone contemplating a similar purchase. How restricted would I be in referencing the "settlement agreement" below - must I just avoid mentiong specific dollar amounts, or do the restrictions extend beyond that?

Re:Cancellation of Order # --------

Based on the following Order Terms & Conditions, you qualify for a partial refund:

ORDER TERMS & CONDITIONS
After shipping and within 30 days from date of delivery you can return your ---------, provided your --------- has not been installed or used, for a refund of your purchase price less a 25.0% restocking fee and plus all �to and from� shipping and handling charges. --------- returns must be in original condition and carton(s), (otherwise charges will apply) for inspection and approval to our designated return(s) warehouse only.

ORDERED ON: June -, 2015
CANCELLED ON: July -, 2015

$4000 + Total Paid
$1000+ Cancellation Charge
$750+ Shipping Charge (there & back)
$2000+ Total Refund

I agree and accept as refund indicated above and full and final settlement of cancellation of this order. The terms of this agreement are confidential and are not to be published or discussed publicly with any other third parties.
X______________________________________________
NAME (print): _________________________________
DATE SIGNED: _______________

 

[quincy]

... The overall point of my inquiry here is that I wish to provide online reviews of my very unsatifactory experience with this company for the benefit of fellow consumers, and do not wish to be restricted in the extent of information provided. return(s) warehouse only. ...

It appears you have a decision to make then.

Signing a non-disclosure agreement is not always an easy decision for many to make who value their right to speak freely, but it is a decision that often has to be made if one wishes to settle. Some like you would rather speak out to others about a company or service than to be forced by an agreement to keep silent. And that's okay.

If you DO decide that writing a scathing review of some sort is more important than returning the item in question, I caution you to be very careful not to defame the company in your review. Stick only to the facts of your personal experience and to pure opinions (ones that do not state or imply false facts). Do not exaggerate or embellish or generalize. And be sure to include in any review the fact that the company made an effort to settle the matter.

Good luck with whatever decision it is you decide to make.

 

[eeziduzzit]

The answer doesn't change just because you ask again.

Well, actually, the question changed from whether the company could require agreement to a non-disclosure provision to how restrictive the non-disclosure requirement is.

However, I do not wish to be tedious, so let me just say that I realize you did the best you could for me and that I appreciate the free advice. Thank you.

 

[Zigner]

Well, actually, the question changed from whether the company could require agreement to a non-disclosure provision to how restrictive the non-disclosure requirement is.

However, I do not wish to be tedious, so let me just say that I realize you did the best you could for me and that I appreciate the free advice. Thank you.

If the answer to the first question is that it's legal for there to be an NDA, then the second question is moot.

 

[eeziduzzit]

If the answer to the first question is that it's legal for there to be an NDA, then the second question is moot.

No, it is not. The NDA stipulates that "The terms of this agreement are confidential and are not to be published or discussed publicly with any other third parties." What exactly do the "terms of this agreement" encompass :

1) the specific dollar amounts for each charge;

2) the category of charges (without mention of a specific dollar amount), viz. Cancellation Charge, Shipping Charge (there & back); or

3) the NDA itself, with everything it contains?

In other words, in a balanced and objective review (the facts will speak for themselves) of my experience with this company, may I mention: 3) assent to a non-disclosure agreement as a condition for the return of goods (no further details), 2) abnormal charges with respect to restocking and shipping (no dollar amounts specified), or 1) specific dollar amounts for the relevant charges.

My assumption is that only 1) is precluded. Am I wrong?

 

[quincy]

No, it is not. The NDA stipulates that "The terms of this agreement are confidential and are not to be published or discussed publicly with any other third parties." What exactly do the "terms of this agreement" encompass :

1) the specific dollar amounts for each charge;

2) the category of charges (without mention of a specific dollar amount), viz. Cancellation Charge, Shipping Charge (there & back); or

3) the NDA itself, with everything it contains?

In other words, in a balanced and objective review (the facts will speak for themselves) of my experience with this company, may I mention: 3) assent to a non-disclosure agreement as a condition for the return of goods (no further details), 2) abnormal charges with respect to restocking and shipping (no dollar amounts specified), or 1) specific dollar amounts for the relevant charges.

My assumption is that only 1) is precluded. Am I wrong?

The non-disclosure agreement covers all parts of the agreement so, yes, you are wrong. If you sign the agreement, you are agreeing not to disclose anything that relates to the return of the item and the refund.