Hi NOG!
An ISP that I have had a ~4y relationship with has recently terminated the hosting for a small number of servers (3x 1U machine and a switch and a console server). For a while they were not able to return my equipment to me, but now they have sent me a friendly letter asking me to pay a significant sum of money (to the tune of 4000 CHF) extraction fee, and that I must accompany two engineers on-site for about 16 hours to safely remove the equipment. Is it common for swiss companies to terminate agreements and then send an invoice for returning the property?
Feel free to drop me a note off-list.
Hey Pim!
[IANAL] but what does the contract say? If its not in there, or if there's no contract then I don't see what basis they have for raising any charges and holding your property (which in most jurisdictions they cant do unless you gave them an explicit right / lien in the contract).
I'd check with someone more familiar with Swiss law and process but it sounds like threatening legal action and/or making a claim to a small items court might be a way to go.
Good luck! Steve
On Sun, Nov 13, 2011 at 10:19 PM, Pim van Pelt pim@ipng.nl wrote:
Hi NOG!
An ISP that I have had a ~4y relationship with has recently terminated the hosting for a small number of servers (3x 1U machine and a switch and a console server). For a while they were not able to return my equipment to me, but now they have sent me a friendly letter asking me to pay a significant sum of money (to the tune of 4000 CHF) extraction fee, and that I must accompany two engineers on-site for about 16 hours to safely remove the equipment. Is it common for swiss companies to terminate agreements and then send an invoice for returning the property?
Feel free to drop me a note off-list.
Pim van Pelt pim@ipng.nl PBVP1-RIPE - http://www.ipng.nl/
swinog mailing list swinog@lists.swinog.ch http://lists.swinog.ch/cgi-bin/mailman/listinfo/swinog
Hi Pim,
First, I'm thinking that 16 hours and 2 (other) guys for 3 servers and some network devices looks a bit heavy.
Maybe that's what they are counting for the time spent for those two guys.
My point of view is that if they act like that after a long work period, it might be a place/company to avoid.
However if you don't have pending bills, I don't see why they are charging you for extraction, that's really non sense.
Will
On 11/13/11 11:19 PM, Pim van Pelt wrote:
Hi NOG!
An ISP that I have had a ~4y relationship with has recently terminated the hosting for a small number of servers (3x 1U machine and a switch and a console server). For a while they were not able to return my equipment to me, but now they have sent me a friendly letter asking me to pay a significant sum of money (to the tune of 4000 CHF) extraction fee, and that I must accompany two engineers on-site for about 16 hours to safely remove the equipment. Is it common for swiss companies to terminate agreements and then send an invoice for returning the property?
Feel free to drop me a note off-list.
Hello Pim,
same here, it sounds weird, the only possible thing i can see for such a comportment, is late and opened bills, with some advices, or a contractual clause.
Best regards, philippe
On Sun, 2011-11-13 at 23:19 +0100, Pim van Pelt wrote:
Hi NOG!
An ISP that I have had a ~4y relationship with has recently terminated the hosting for a small number of servers (3x 1U machine and a switch and a console server). For a while they were not able to return my equipment to me, but now they have sent me a friendly letter asking me to pay a significant sum of money (to the tune of 4000 CHF) extraction fee, and that I must accompany two engineers on-site for about 16 hours to safely remove the equipment. Is it common for swiss companies to terminate agreements and then send an invoice for returning the property?
Feel free to drop me a note off-list.
Hoi,
Thank you to all who responded. As an additional note to this and considering the question came up a lot: there was not a contract for this project, it was employee-initiated in 2007 and management terminated in 2011, and there were no bills until after the equipment stopped pinging (ie the only invoice I've ever seen is this one to release my computers).
groet, Pim
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philippe Schlumpf -
Pim van Pelt -
Stephen Wilcox -
Will van Gulik