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Would you sign a document with wording like this

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john-giles
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You agree that we can renew, extend or otherwise modify the terms of the LEASE and you will be bound by such changes.

That wording is in my lease agreement for my GPS. I'm already going to be paying too much for the equipment as it is and now they want me to sign a document that states that.

who wants to give me a loan? 😀


 
Posted : September 9, 2015 12:46 pm
john-giles
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As it turns out I already signed it and didn't realize it. Because I read over that part evidently. Dang it they got me!


 
Posted : September 9, 2015 1:06 pm
leegreen
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So what GPS did you go with?

Did you get a base and rover?

Will you use a network RTK?

Will you use static?


 
Posted : September 9, 2015 2:14 pm
a-harris
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Rule #

If I don't have one and they require me to have one, they have to provide me with one.....

:beer:


 
Posted : September 9, 2015 2:26 pm
john-giles
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I went with the Geomax Zentih 25 pro4 with a Getac 336E data collector with field genius premium.

It will work as two rtks or base and rover as I understand. I'm still waiting on delivery which should be next week. I have terrible cell phone coverage here in WV so I don't know how well the RTK is going to work but there is a trimble network set up by the DOT here I will try to use. All of this is new to me so if I misspoke on any of that I am still learning the language.

I went through Allen Precision as they price matched another company and I knew Allen Precision I have bought other items from them before.

I wanted a Javad really bad. But I couldn't get the numbers to work with the money. So I got the one I could afford.


 
Posted : September 9, 2015 2:31 pm

mkennedy
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Not without a statement that if the lessee does not agree to the changes, lessee can cancel the lease without (or at least minimal) further financial obligation.


 
Posted : September 9, 2015 2:36 pm
john-giles
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It states I have to fulfill my obligations to them but if they want to change those obligations then they can and I have no say in the matter.

Had I caught it the first read through I wouldn't be in this situation.

They need me to have the document notarized and that is when I caught the wording. So I'm not hooked yet but pretty close. I'm trying to get them to either take it out or reword it so they don't have all the cards. But I doubt that will happen.


 
Posted : September 9, 2015 2:42 pm
Jim in AZ
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John Giles, post: 335679, member: 57 wrote: You agree that we can renew, extend or otherwise modify the terms of the LEASE and you will be bound by such changes.

That wording is in my lease agreement for my GPS. I'm already going to be paying too much for the equipment as it is and now they want me to sign a document that states that.

who wants to give me a loan? 😀

No - I would not. I don't think that is legal here...


 
Posted : September 9, 2015 2:51 pm
Warren Smith
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That seems to fly in the face of the Uniform Commercial Code. That is, a unilateral term in favor of the leasor. It is likely unenforceable, due to the unequal status of the parties - one being a commercial vendor.


 
Posted : September 9, 2015 2:59 pm
Tom Adams
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John Giles, post: 335711, member: 57 wrote: It states I have to fulfill my obligations to them but if they want to change those obligations then they can and I have no say in the matter.

Had I caught it the first read through I wouldn't be in this situation.

They need me to have the document notarized and that is when I caught the wording. So I'm not hooked yet but pretty close. I'm trying to get them to either take it out or reword it so they don't have all the cards. But I doubt that will happen.

Tell them it's not notarized and you want a change in the terms. Or cross that part out in front of the notary and have them notarize after you crossed out the offending language and initialed it. I don't know if that would work, but maybe they will renegotiate if you do something like that. Maybe you could get them to add language that you have a an option of backing out if they make changes.


 
Posted : September 9, 2015 3:00 pm

john-giles
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They sent me a new form. It's only good if the price is different than what was put on the loan papers. To beat all they sent me the wrong form and had to send me a new one anyway. If I would have sent the form they sent me it wouldn't have been any good anyway. I think all is good for now. But let me tell you those words did not sit well with me. I wonder who they get with that language. I'm doing a loan not a lease.


 
Posted : September 9, 2015 3:31 pm