Reading a contract.

[Mila]

I need help what does this mean:
( I get the first part about the commencement date and the part about the 6 calendar months)
This agreement commences on the commencement date set out in the schedule and shall continue indefinitely until terminated by either of the parties giving the other 6 calendar months written notice of termination, provided that no other binding notice may be given to expire before the effluxion of the initial rental period stipulated in the schedules or thereafter, prior to any anniversary of the commencement date thereof.

So if I get this. I'm not allowed to give notice 6 months prior to the expiry date for them to collect the "thing" on the expiry date of the contract. I have to wait until such date and then give 6 months notice?

 

[San-DraX]

dang, my best recommendation would be, let your attorney read this and tell you what it means........

 

[Mila]

dang, my best recommendation would be, let your attorney read this and tell you what it means........

Sheez. It makes my head spin. Now everything I read seems to be in some other kind of language.

 

[Cicero]

Ja, i tried, but i dont speak wtfenglish

 

[Ninja'd]

Eish. No legalese to sensible language translator out there

 

[Picard]

Most legalese are tactical ploys to trick people or to make people employable who understand the meaning of effluxion.

 

[Skywalker42]

Effluxion Of Time at Law Glossary
What is it? The expiration of a lease term because of the passage of time rather than a specified event or action.

 

[Mila]

Effluxion Of Time at Law Glossary
What is it? The expiration of a lease term because of the passage of time rather than a specified event or action.

IT's driving me insane. And you know when they say small pring. this is small freaking print!! I do not have the worlds best eyes with my glasses on

 

[HavocXphere]

Consider whether you really want to sign this. Lawyers do the whole legalese BS, but when its entirely indecipherable & contradictory then its a pretty sure indication that you don't want to sign it. Remember if lawyers want to protect something (themselves) then they make the language clear & bulletproof. If they want to attack something they make it vague & open to multiple meanings.

As far as I can tell the lawyer in question tied himself into a knot:

no other binding notice may be given... prior to any anniversary of the commencement date thereof (of the rental period).

Since "any anniversary" occurs annually "prior to" will always be true so effectively neither party may give a "other binding notice"...ever. I don't think that was the intended meaning though.

The other issue is that the whole part you underlined doesn't appear to apply to the 6 month notice given since it says "no other binding notice". Again...not sure what the lawyer intended there tbh.

I reckon either take it to a lawyer, or cross out the section and rewrite it (something along the lines of 6 months notice. period.). Both parties need to sign next to the change.

All of the above is a guess though...my legal training is consists of a couple of commercial law courses....so maybe ask someone actually qualified. Maybe ask blu...doesn't she have an llb?

 

[guest2013-1]

I have NFI but from what I understand you can't give the 6 months notice before the anniversary of the contract. I assume this is some kind of weird rental contract... which means if the contract is for a year, you can't give notice/vacate before the 12 month's is up.

 

[Venomous]

I have NFI but from what I understand you can't give the 6 months notice before the anniversary of the contract. I assume this is some kind of weird rental contract... which means if the contract is for a year, you can't give notice/vacate before the 12 month's is up.

& then you need to give 6 months, in effect making it an 18month lease.

I would rather have that read & adjusted by a lawyer. I've seen rental contracts with 1-3months notice, never 6months til I read this thread. & even those would allow you to give notice after 9months allowing you to move after the year is over...

 

[MickeyD]

@Mila: as per HavocXphere's advice, either request them to amend the contract to spell out all condition in plain language or amend it yourself and initial the changes. The CPA is very clear on issues such as this (section 22) and many standard contracts will have to be re-written in order to prevent companies from falling foul of the Act. Section 22 deals with the right to information in plain and understandable language.