I have some knowledge of the Nebraska case and in this case the contract had
expired and the company had provided the proper notice of their intention to
not renew and move their boxes. They were willing to pay the access fees but
attempted to have the "Hostage fees" deemed unenforceable.
The case ended up with the Nebraska Supreme court that basically said, the
company (who happened to be a Law firm), signed the contract which included
the permanent removal fee and they were stuck with it.
We are now seeing these fees as high as $7.00 per cubic foot. The time to
address the fees is when your contract is up for renewal and a new Schedule
A is presented.
There are also many vendors who are willing to negotiate paying the
"transfer fees" for new business in exchange for a long term commitment.
Steve Westerfield
Benson Records Management
Omaha, NE
[log in to unmask]
www.BensonRecordsManagement.com
-----Original Message-----
From: Records Management Program [mailto:[log in to unmask]] On Behalf
Of John Annunziello
Sent: Monday, November 09, 2009 10:15 AM
To: [log in to unmask]
Subject: Re: Permanent Removal fees
I'll rephrase my previous question, "Has anyone heard of the newly revised
permanent removal fees being unenforceable?"
Hi Michelle,
I would suggest that if you signed a contract, then you pay the fee's.
However, you are at a point where the contract has expired. Talk to legal
counsel about removal of records without paying this fee. They may not
have a case if the contract has expired, but they may have something
written in the contract that deals with this and you may be stuck. The
question is," Is the contract and terms valid if the contract has expired"
You may have another choice if you decide you want to move your records. I
know first hand because this is what I did. I really was dissatisfied
with our vendor and did not want to stay with them. I contacted the local
vendors and mentioned that I wanted out of this company. If I signed a
longer term contract, would they would pay the hostage fees? After some
negotiation, I found someone who would.
Of course, everything in the new contract was negotiable. I didn't carry
as much bargaining power as the new company was paying thousands of
dollars to sway me away. However, It was the best thing we ever did and
the honeymoon still continues after three years together.
.
John Annunziello, ermm
Manager, Records and Information
Toronto and Region Conservation Authority
[log in to unmask]
"Information is a corporate, strategic asset that needs to be managed"
"*PLEASE CONSIDER THE ENVIRONMENT WHEN DECIDING TO PRINT THIS MESSAGE*
Toronto and Region Conservation Authority Confidentiality Notice:
The information contained in this communication including any attachments
may be confidential, is intended only for use of the recipient(s) named
above, and may be legally privileged. If the reader of the message is not
the intended recipient, you are hereby notified that any dissemination,
distribution,disclosure or copying of this communication is strictly
prohibited. If you have received this communication in error, please
resend this communication to the sender and delete it permanently from
your computer system.
Thank you."
List archives at http://lists.ufl.edu/archives/recmgmt-l.html
Contact [log in to unmask] for assistance
To unsubscribe from this list, click the below link. If not already present,
place UNSUBSCRIBE RECMGMT-L or UNSUB RECMGMT-L in the body of the message.
mailto:[log in to unmask]
Intended for recipient only. Please delete and do not read any messages that are incorrectly received and notify sender at 1-402-571-3305. Interception or review by anyone not authorized
to do so is unlawful. Note: Because e-mail can be altered electronically, the integrity of this communication cannot be guaranteed. This message has been scanned with Anti-Virus
Software and no viruses were found to be present.
List archives at http://lists.ufl.edu/archives/recmgmt-l.html
Contact [log in to unmask] for assistance
To unsubscribe from this list, click the below link. If not already present, place UNSUBSCRIBE RECMGMT-L or UNSUB RECMGMT-L in the body of the message.
mailto:[log in to unmask]
|