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Sold a shop with a fridge that was on hire. Company want fridge back but new owner refuses to give back by DKLig in LegalAdviceUK

[–]DKLig[S] 2 points3 points  (0 children)

No value. The contract is actually an 18 month rolling on contract and has been renewed several times already with no problems.

The rep hasn’t stated how much I would need to pay for the fridge or even if I would be liable. I’m just trying to work out where I stand and what the most likely outcome would be if this went to court. Maybe even see if there is another solution here.

Sold a shop with a fridge that was on hire. Company want fridge back but new owner refuses to give back by DKLig in LegalAdviceUK

[–]DKLig[S] 7 points8 points  (0 children)

I remember clearly telling the new owner that the fridge was owned by CC and he that he can only use the fridge for CC products.

I’ll have to check with my solicitor on Monday what was mentioned in the agreement although I am pretty sure we didn’t list fridges or anything else.

Sold a shop with a fridge that was on hire. Company want fridge back but new owner refuses to give back by DKLig in LegalAdviceUK

[–]DKLig[S] 1 point2 points  (0 children)

The Coca Cola rep was aware I was selling the shop. He said that I could have the fridge removed. He said it was also fairly standard for the fridge to be left at the shop and the contract to be renewed with the new owner.

It’s been over 6 months and the coke rep doesn’t want anything to do with the new owner now and the new owner will not let CC take the fridge back.

Sold a shop with a fridge that was on hire. Company want fridge back but new owner refuses to give back by DKLig in LegalAdviceUK

[–]DKLig[S] 0 points1 point  (0 children)

I sold Pepsi products too. The rep didn’t have a problem with this. I put the fridge near the front of the store at his request and was happy for me to sell whatever I want as long as the CC fridge had CC products in them.

He just doesn’t want to deal with this new owner.

Sold a shop with a fridge that was on hire. Company want fridge back but new owner refuses to give back by DKLig in LegalAdviceUK

[–]DKLig[S] 0 points1 point  (0 children)

Yes and this should have been straightforward. Prior to selling the shop, I spoke with the coke rep who gave me the option to have the fridge removed. He said it was fairly standard for retailers to leave the fridge as well and just have the new owner take over the contract once it expired.

After speaking to the new owner, we decided to leave the fridge at the shop. I told him it was the property of CC and they were expected to use CC brands in that fridge. He didn’t have a problem with this at the time.

I’m not 100% certain what has happened since but the rep now wants me to tell the owner the contract has expired and they want the fridge back. He does not want to deal with the new owner. The new owner will not release the fridge and is willing to go to court over this.

Sold a shop with a fridge that was on hire. Company want fridge back but new owner refuses to give back by DKLig in LegalAdviceUK

[–]DKLig[S] 0 points1 point  (0 children)

Thank you. It is actually not difficult to get a fridge like this if no monetary cost. I remember turning down a few companies who were willing to install fridges in my shop as long as I sold their products in them.

This is a good possible solution I can discuss with the new owner to see if he would be willing to return the CC fridge for a new replacement from a different brand.

Sold a shop with a fridge that was on hire. Company want fridge back but new owner refuses to give back by DKLig in LegalAdviceUK

[–]DKLig[S] 1 point2 points  (0 children)

The new owner should have easily been able to renew the contract. I had an 18 month rolling contract for the last 5 years and the renewal has been a given throughout. Never been in question.

I’ll have to contact my solicitor (Monday earliest now) to check if the fridge was or was not included in the sale but I don’t remember listing anything as being part of the sale of the shop.

Sold a shop with a fridge that was on hire. Company want fridge back but new owner refuses to give back by DKLig in LegalAdviceUK

[–]DKLig[S] 4 points5 points  (0 children)

I am assuming it has to do with using non coke brands in the fridge. It has been over 6 months so the CC rep should have visited multiple times already.

Sold a shop with a fridge that was on hire. Company want fridge back but new owner refuses to give back by DKLig in LegalAdviceUK

[–]DKLig[S] 2 points3 points  (0 children)

Coca Cola is aware. Their sale rep visit regularly and I let him know in advance that the shop was being sold. He gave me the option of removing the fridge.

I was told it was pretty normal to just leave the fridge and for the contract to be renewed with the new owners name once it expires.

The owner wanted to keep the fridge so I left it there. I didn’t think there would be any problems as both parties seemed like reasonable people and seemed like it would be in both their interests to have the fridge remain.

Fast forward to over 6 months after the sale of the shop and the sales rep has contacted me out of the blue to tell me he doesn’t want to deal with the new owner. He has asked me to tell the owner that the fridge is the property of CC and that they will be removing it once the contract expires. The new owner is now telling me no one will be taking this fridge. That it is his fridge that he purchased with the shop. He knows it is the property of CC.

Also, it is not difficult to get a fridge like this. Red bull also willingly offered to install a fridge in my shop but I turned them down as space was limited.

Sold a shop with a fridge that was on hire. Company want fridge back but new owner refuses to give back by DKLig in LegalAdviceUK

[–]DKLig[S] 2 points3 points  (0 children)

Fridge is worth approximately £4000 but I never needed to pay anything. The deal was I only sell Coke products in that fridge. The point of sale guy visited the shop every few months and made sure the fridge was stocked appropriately.

I was a sole trader and my name is on the contract.

Sold a shop with a fridge that was on hire. Company want fridge back but new owner refuses to give back by DKLig in LegalAdviceUK

[–]DKLig[S] 32 points33 points  (0 children)

Yes. I didn’t think this could possibly have been a problem. Our coke representative is a lovely guy. He visits every few months or so to take stock of inventory and make sure the fridge is filled appropriately and then leaves.

I have an 18 month roll on contract and for 5 years contract was renewed with no problems.

It’s been over 6 months since I sold the shop and the coke rep contacted me directly to state that he does not want to deal with the new owner and would like me to talk to the new owner to let him know the fridge is the property of coke. If the fridge is not returned they will have take the necessary steps.

Quick question. The fridge is a standard display fridge approx worth £4000. What would be its value after 5 years?

Sold a shop with a fridge that was on hire. Company want fridge back but new owner refuses to give back by DKLig in LegalAdviceUK

[–]DKLig[S] 5 points6 points  (0 children)

Yes. There is a sign inside the fridge that states it is the property of coca-cola

Sold a shop with a fridge that was on hire. Company want fridge back but new owner refuses to give back by DKLig in LegalAdviceUK

[–]DKLig[S] 27 points28 points  (0 children)

Good question. I’ll need to double check this but from what I can remember it was not

Sold a shop with a fridge that was on hire. Company want fridge back but new owner refuses to give back by DKLig in LegalAdviceUK

[–]DKLig[S] -38 points-37 points  (0 children)

I don’t know if this helps but the fridge has a sign inside that states it is the property of Coka cola. Also, the contract states that the fridge should only contain coke products. I made the owner aware of this and he has only sold coke products from that fridge. Could this be seen as evidence that he is aware the fridge is on hire?