A month ago my pizza shop signed an agreement with a screen printing shop. The contract says that we'll provide their employees with free pizza and beverages of their choice. The pizza shop covers the tip and delivery fees. In exchange, it states that they will provide 15 shirts for our employees with our logo on them.
Why only 15? When we wrote up the contract, it was understood that orders can be placed as addendums to the agreement - there's even space provided for further orders, shirt quantities and dates. This means we can order shirts at any time, or at least that was the initial intent. It says 15 shirts because that was our first order.
The print shop manager got fired three weeks ago and replaced by an ass hole. Technically, the contract only says that they owed us 15 shirts which they already provided. However, the contract says that we owe them food for the entire 2 year term. The new manager interprets this as their having met their obligation and, although we're dramatically overpaying, a deal's a deal. We give them a minimum of 1 pizza a day. The most we've given them is 6 in a day. They also come over to our shop and help themselves at the soda fountain for free.
I already need more shirts but their manager is going to charge me for them. Do I have any recourse if in the contract itself, it doesn't say anywhere that we can add more shirts?
I have a lawyer and am going to meet with him. I just wanted to get a feeler out there in case if anyone else has had this sort of situation. It's demeaning and he visibly enjoys the fact that I have to pay for his pizza. He literally grins at me like Martin Shkreli and even said, "you're welcome" instead of thank you when I delivered him a pizza two nights ago. As though I should be thankful for getting to deliver his pizza.
If it's in the contract, it's in the contract. If you MEANT something else, you should have had it in the contract. A court or mediator/arbitrator is not going to be impressed by your "the contract says this thing but there was the understanding with this person that is no longer there that it actually means this" argument. They're just going to tell you that you should have put what you actually wanted the terms to be in the contract.
>I think I have two long years of kissing ass to do.
Yes you do. I don't know why you thought 2 years of pizza was worth 15 shirts, but I hope you've learnt your lesson. To be honest, I don't know how you've managed to keep your business afloat being this stupid.
Do you think they would actually sue you? The clowns
Is a breach of contract worth less or more than 6 pizzas a day plus delivery costs and lost opportunity costs for 2 years?
Then why would you write 15 in the contract? I honestly don't understand what was going through your mind when you wrote up and signed this contract. I'm sure you understood the repercussions, why wouldn't you had made sure that the contract said exactly what you wanted it to say? A contract is legally binding, a mere understanding between the two people signing the contract as to what it means is not.
Taking legal action isn't just suing. It can be as simple as negotiating with lawyers.
And 6 pizzas a day plus delivery is probably worth taking legal action over to them, considering that there's a year and 11 months left of this term.
I'm glad you did, though you should probably see a lawyer and hope that there's some way out of this contract, otherwise you're going to be out of business by the end of the year at the latest.
Don't forget the cost of gasoline, time spent delivering, loss of tips, cost of time spent making pizzas for him and not legit customers
And he may increase the number of pizzas in the future
Well from your OP, there's no limit to the number of pizzas they could order, so it's potentially more. You didn't mention where there was a maximum number of times they could order in a day either, so that's potentially more delivery charges you're losing.
I seriously don't know what was going through your mind when you wrote and signed this contract. It WAS a properly drafted contract, right?
A lawyer actually drafted this and didn't advise you against this? They didn't warn you about how one-sided this contract is? If I were in your position, I'd be thinking about suing the lawyer