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This topic comprises 2 pages: 1 2
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Topic: Theater vandalized
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Adam Martin
I'm not even gonna point out the irony.
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Posts: 3686
From: Dallas, TX
Registered: Nov 2000
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posted 09-02-2001 10:07 PM
Sorry to hear that, Gordon.So, how does this work in Canada? I would think that if this happened in the US, the supplier would be held in contempt of court and jailed in addition to any charges of breaking and entering and theft that the operator would like to press. Jeff Knoll is the President of Encore Entertainment Corporation. His email is jknoll@film.ca .
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Jerry Chase
Phenomenal Film Handler
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Posts: 1068
From: Margate, FL, USA
Registered: Nov 2000
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posted 09-02-2001 11:33 PM
Adam, It is common for suppliers to state in a sales agreement or lease that equipment remains the sole property of the supplier until it is fully paid for. Some agreements point out the seller's remedy as well, which can include unilateral removal of equipment after non-payment of a lease or installment payment without recourse, including prevention of suit for trespass. Since the equipment is never property of the theatre, it isn't subject to any court bankruptcy order.The supplier is in good shape as long as he (a.) has a signed binding agreement with the purchaser, or (b.) has been doing business with the purchaser under terms long enough that there is no doubt the purchaser has had opportunity to study the terms of sale. Every invoice I send has the terms of sale on the back, including equipment recovery procedures. In my case, none of my software will install without the licensing agreement being shown and my being on the phone with the customer to finish the installation. Bluntly, suppliers get screwed even more than theatre owners. I've had a couple of companies go belly-up on me. I now protect myself. It is called CYA. As Gordon mentioned, things can get messy with suits and counter-suits, especially if there are ongoing disputes. Smart suppliers also specify the court of remedy in any sales agreement. IMNSHO it isn't vandalism if a person recovers property from someone who hasn't held up their end of an agreement. As an example, I own a mortgage on a house I sold to someone. If they don't pay the mortgage, I can foreclose and own the house again. The courts support it, and have for centuries. I'm sorry for Jeff and his situation, but his problems go far beyond relations with any individual supplier. An in-depth study of his posts on his forum will tell you that.
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Jerry Chase
Phenomenal Film Handler
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Posts: 1068
From: Margate, FL, USA
Registered: Nov 2000
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posted 09-03-2001 10:25 PM
Can't say that I think very much of the law, but many lease contracts are written so that at no time is the equipment property of the company. American Capital Leasing's agreement paragraph 17 is a standard. In part:Surrender. Lessee shall have no ownership right in the equipment and has no option to purchase it. Upon expiration of this lease or default, Lessee, at its expense shall return the equipment in good repair to such place as the lessor may specify. Yada yada... I have set up leases like that. In essence, use of the equipment is leased and that is all. Like I said, the supplier gets screwed even more than the exhibitor. The courts and government force the use of unreasonable terms and night raids by having unreasonable laws. Again, I'm not privy to Jeff's situation and am only speaking of generalities. BTW, I'm surprised that employees aren't secured creditors. Given the more socialist tendencies of Canadian government, this is a bit of a surprise.
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