QUESTION
can i cancel an EFA for spa equipment because of coronavirus pandemic
Asked on May 13th, 2020 on Breach of Contract - Texas
More details to this question:
bought 2 bodysculpting machines from a company, in september & november 2019; both financed by 3rd party company through the seller; due to CVirus pandemic the machines are of no financial value as (1) there is no safe way to treat clients (2) the pandemic lockdown (3)major issues have arisen during the current global pandemic impacting future projections on ROI based on 1 & 2 until at least 2022 (again no safe way to utilize the machines without high risk of client cross-contamination); (4) impossibility of performance
1 ANSWER
I sounds like you are paying through a finance lease. these are difficult to get around, as you have remedies from the vendor, but the obligation to pay the finance co. is likely written as "Non-cancellable", and states you are to lok to the seller for any remedies.
I would want to look at the contract(s)' force majure clauses - depending how they are written, you may have force majure as a defense, especially if your business is one that that has been shut by Gov. Abbott's Orders.
Answered on May 18th, 2020 at 8:01 AM