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
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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
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