BuffettFan
Member
What is the name of your state (only U.S. law)? Kansas
Good Afternoon,
I'm looking for some thoughts regarding the potential cancellation of a service contract with Banfield Pet Hospital. The service promised and service provided have been two very different things. The animal in question (covered by the service contract) have been subjected to what we feel was inhumane treatment.
This agreement is not transferable or assignable ard applies only to the Patient designated above while owned by Subscriber. Subscriber may obtain care for Patient under this agreement only at the hospital designated above, (Provider will allow use at other locations In the future when Providers systems have been modified to support such use.) Either Provider or Subscriber may cancel this agreement at any time. If Subscriber cancels for any reason (including but not limited to death or disposal of Patient), whether before or after Provider has rendered services, Provider shall be entitled to retain the entire membership fee. Provider shall also be entitled to retain or recover from Subscriber all monthly installments that have become due, Including the installment for the month in which cancellation occurs. If the total amount of services rendered by Provider prior to cancellation, (valued at Provider’s full retail prices,) exceed the sum of monthly Installments retained or recovered by Provider, Subscriber shall be obligated to do one of the following, as selected by the Subscriber: (a) immediately pay for services in excess of the payments received; or (b) immediatey pay in full the remaining monthly installments for the remainder of the Wellness Plan term year then in effect; or Cc) continue making all of the remaining instalirnonts for the term then in effect as such installments come due. If Subscribcr has paid the full annual fee in acvance, upon cancellation by Subscriber, Provider will refund the monthly installments tor the remaining months after the month In which cancellation occurs, less the excess, If any, of the services rendered by Provider before cancellation, valued at Provider’s ful retail prices, less the total amount of monthly installments that Subscriber would hove been required to pay through the niorith in which cancellation occurs. If Subscriber performs all his or her obligations and Provider cancels the agreement, all monthly or annual fees Subscriber has paid for the current term year will be refunded in full, less Provider’s full retail charges for any services rendered before cancellation. In no other cases will any amount paid by Subscriber be refunded upon cancellation. Provider may require Subscriber to have Patient permanently identified by microchip or tattoo at Provider’s sole option. If Provider requires such identification. Provider will provide the identification service at a SC) percent discount from Provider’s standard fees.
We're not looking to gain anything, just the ability to walk away from the business with no further money owed as they haven't held up their end of the bargain. We're open to any suggestions. The amount of money in question, roughly $120, is not an issue. It's the principle of the matter.
I'm not extremely familiar with contract law, but I have difficulty believing that we are able to sign away our rights with no make good clause built in the the contract.
Thanks in advance!
Good Afternoon,
I'm looking for some thoughts regarding the potential cancellation of a service contract with Banfield Pet Hospital. The service promised and service provided have been two very different things. The animal in question (covered by the service contract) have been subjected to what we feel was inhumane treatment.
This agreement is not transferable or assignable ard applies only to the Patient designated above while owned by Subscriber. Subscriber may obtain care for Patient under this agreement only at the hospital designated above, (Provider will allow use at other locations In the future when Providers systems have been modified to support such use.) Either Provider or Subscriber may cancel this agreement at any time. If Subscriber cancels for any reason (including but not limited to death or disposal of Patient), whether before or after Provider has rendered services, Provider shall be entitled to retain the entire membership fee. Provider shall also be entitled to retain or recover from Subscriber all monthly installments that have become due, Including the installment for the month in which cancellation occurs. If the total amount of services rendered by Provider prior to cancellation, (valued at Provider’s full retail prices,) exceed the sum of monthly Installments retained or recovered by Provider, Subscriber shall be obligated to do one of the following, as selected by the Subscriber: (a) immediately pay for services in excess of the payments received; or (b) immediatey pay in full the remaining monthly installments for the remainder of the Wellness Plan term year then in effect; or Cc) continue making all of the remaining instalirnonts for the term then in effect as such installments come due. If Subscribcr has paid the full annual fee in acvance, upon cancellation by Subscriber, Provider will refund the monthly installments tor the remaining months after the month In which cancellation occurs, less the excess, If any, of the services rendered by Provider before cancellation, valued at Provider’s ful retail prices, less the total amount of monthly installments that Subscriber would hove been required to pay through the niorith in which cancellation occurs. If Subscriber performs all his or her obligations and Provider cancels the agreement, all monthly or annual fees Subscriber has paid for the current term year will be refunded in full, less Provider’s full retail charges for any services rendered before cancellation. In no other cases will any amount paid by Subscriber be refunded upon cancellation. Provider may require Subscriber to have Patient permanently identified by microchip or tattoo at Provider’s sole option. If Provider requires such identification. Provider will provide the identification service at a SC) percent discount from Provider’s standard fees.
We're not looking to gain anything, just the ability to walk away from the business with no further money owed as they haven't held up their end of the bargain. We're open to any suggestions. The amount of money in question, roughly $120, is not an issue. It's the principle of the matter.
I'm not extremely familiar with contract law, but I have difficulty believing that we are able to sign away our rights with no make good clause built in the the contract.
Thanks in advance!