Termination period - Contract Clause

[scooby]

ok, its renewal time, and the pimp has agreed to put a reciprocal termination clause in the contract. they have amended the 'special conditions' box to read:

Points (a), (b) and (c) of Clause 9.4 shall be amended to read as follows: “This Assignment
may be terminated by Either Party upon giving the other 4 weeks notice in writing.”

I'm happy with this.

However, they have made no mention to a clause within the addendum as follows:

At the specific request of the above named Client, the following terms and conditions have been agreed as an Addendum that applies to the Terms and Conditions of Business for Contractors – UK Assignments.
If this Assignment relates to an employment business supplying the services of Personnel under the Terms and Conditions of Business for Employment Business Suppliers – UK Assignments, the word “Contractor” shall be replaced with the word “Supplier”

1. The Contractor accepts this Assignment is for a fixed term commencing from the Start Date to the End Date. For the avoidance of doubt the Contractor shall not be able to terminate this assignment prior to the End Date.

I've asked them several times to reference the addendum clause in the special conditions, and point out that there is a ricprocal 4 weeks, as i feel this a conflicting clause to the contract. Am i correct in doing so, or will the main clause supersede the addendum?

basically, shall i continue being awkward, or just sign it?

Cheers in advance.

[BrilloPad]

How long is the renewal for?

[NotAllThere]

IANAL but my understanding is that you've got two mutually exclusive clauses - as in this case - then before a judge, both would be struck out. Which would leave no mention of notice, or lack thereof, in the contract at all.

[BrilloPad]

IANAL but my understanding is that you've got two mutually exclusive clauses - as in this case - then before a judge, both would be struck out. Which would leave no mention of notice, or lack thereof, in the contract at all.

So reasonable notice would apply? Is that 1 month in a 1 year contract?

[DodgyAgent]

ok, its renewal time, and the pimp has agreed to put a reciprocal termination clause in the contract. they have amended the 'special conditions' box to read:



I'm happy with this.

However, they have made no mention to a clause within the addendum as follows:



I've asked them several times to reference the addendum clause in the special conditions, and point out that there is a ricprocal 4 weeks, as i feel this a conflicting clause to the contract. Am i correct in doing so, or will the main clause supersede the addendum?

basically, shall i continue being awkward, or just sign it?

Cheers in advance.

Imagine a builder agreeing to complete an extension but wanting a mid contract "get out" clause?!

[scooby]

How long is the renewal for?

18mths, hence why i'm looking for something in there. i dont really have issues with no notice as i would sub if needed. just trying to get a clear understanding.

[malvolio]

18mths, hence why i'm looking for something in there. i dont really have issues with no notice as i would sub if needed. just trying to get a clear understanding.

If you don't mind no notice, go with it. Far better option overall.

[ratewhore]

Imagine a builder agreeing to complete an extension but wanting a mid contract "get out" clause?!

Ah yes, the classic builder analogy.

I've got builders in soon on a fixed price piece of work. They are here to build a conservatory and then bugger off. I've not booked them to build stuff for a period of 6 months.

Hardly an analogy at all...

To the OP, if you don't like the clause in the addendum, strike it out and initial it. then return the contract to the pimp. That way, you'll see how they feel about it one way or another.

[DodgyAgent]

Ah yes, the classic builder analogy.

I've got builders in soon on a fixed price piece of work. They are here to build a conservatory and then bugger off. I've not booked them to build stuff for a period of 6 months.

Hardly an analogy at all...

.

Builders are more resoponsible and professional though not as well paid.
Fantastic for you guys you can wander into a gig earn a nice wedge, squeal about reciprocal rights and then clear off when it suits you without any repercussions whatsoever. Indian software houses just love you.

[BA to the Stars]

Builders are more resoponsible and professional though not as well paid.
Fantastic for you guys you can wander into a gig earn a nice wedge, squeal about reciprocal rights and then clear off when it suits you without any repercussions whatsoever. Indian software houses just love you.

Do pimps get a good wedge from them