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Publication: European Stars and Stripes Friday, June 17, 1977

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   European Stars and Stripes (Newspaper) - June 17, 1977, Darmstadt, Hesse                                Think by Bob hover staff writers top read and think before you sign that encyclopedia contract this warning All too often taken lightly is heard again i and again after the fact As Mill-1 tary Legal assistance officers Are a called upon to Settle the grievances of disgruntled Book  i should be told constantly about the Pitfalls of contract buying says army capt. Peter j. Duffy Legal counsel to the armed forces disciplinary control Board Europe. This is particularly True overseas where there is constant turnover of person Nel and where conflict of Law Between . And Host nation Laws complicates contract  in an Effort to help prospective encyclopedia buyers. Duffy offered advice on con tracts and what to look for make sure that your contract includes standards of fairness clause. If it does you have until receipt of merchandise to cancel your agreement. Look for the truth in lending disclosures. As a buyer you should know How much Money is being spent for the encyclopedia and How much you Are paying to finance your Purchase. . Law requires the inclusion of truth in lending disclosures if More than four instalments Are to be paid even if no credit is involved. The buyer should be aware of penalties written into the contract which May be assessed for forfeiture. In Germany these run 25 per cent of the contract Price. Beware of provisions which assign the Case to a third party to collect. These provisions May legally bind you even though the seller has failed to live up to the agreement. Never make an Oral agreement to buy a set of books. In Germany an Oral agree ment can be binding. Make sure you keep a copy of the con tract. Last and perhaps most important refer All contract questions to your Legal assistance officer. Duffy said it s better to resolve any and All questions before signing your name on the dotted line than to be sorry you did t. It. Col. Seymour Copperman chief of Safe s civil Law directorate gives Simi Lar advice and emphasis the need to Check out All contract questions with a in the past Many contracts failed to pro vide Protection for military Consumers. Both standards of fairness and full disclosure clauses often were excluded a fact that has contributed to the work Load of Legal officers. John Simmons chief of the usar eur Legal assistance division Uyi that next to tax and family Law questions consumer pro Ems occupy most of the Legal assistance off Cert time. Indeed so numerous Are these prob lems that they Are addressed in a consumer Protection guide for Legal officers in the european  Germany  problems quite often Are complicated because of the uncertainty As to which Law applies German or american Simmons said. Duffy described the conflict of Law As a Verv amorphous  it really is up to the courts to deter mine if a particular contract is valid and the decision could be made by any court Duffy said the Case of the company with a Liechtenstein address Selling american products to american servicemen in Germany exemplifies the potential for Legal disputes in the european military sales Environ ment. Duffy Points oat that in cases where question of jurisdiction arises the dispute could be determined by any. One of several courts. Because Many contracts contain ele ments of different National Laws they appear to be contradictory this is particularly True in Germany where cancellation clauses give up to seven Days to cancel contract but standards of fairness clauses allow until delivery of merchandise to  Law applies Simmons said that the standards of fair Ness clause should take precedence. And Trutz Orthmann German Legal assistance lawyer Points out that under German Law the consumer normally is Given the Benefit of the most lenient clause in this Case the standards of  language of encyclopedia contracts indicates that this is the Case. Most Stan Dards of fairness clauses Point out that in cases of conflicting language these Stan Dards within fairness clauses will pre  this is the Case what is the reason for inclusion of the seven Day cancellation in Many Book contracts Duffy says that under German Law if this clause is not included the buyer has until either party completes All provisions of the contract to cancel. Under the seven Day provision notice of cancellation must be made by mail by hand delivered note or by Telegram. If the mail is used then the notice must be postmarked within seven Days of the contract s origin. And in Germany Legal assistance officers usually advise person. Nel cancelling a contract to Send the notice via registered mail . Under German Law the seller is per. Mined 25 per cent of the contract Price if cancellation is not made within seven Days. It is this provision that often raises the question of applicable  standards of fairness clause is written into contracts because army regu lation 600-15 requires its inclusion if a firm expects assistance in the collection of debt. Still another problem comes up when the seller assigns the contract to a third party financing Agency. When this occurs the Normal defences against fraud and breach of warranty May no longer be available to the con Sumer in fact be May be required legally to continue instalment payments. Copperman cautions that air Force regulation 35-18 requires timely fulfilment of financial obligations another reason Why the encyclopedia buyer should be fully aware of All contract provisions before signing on the dotted line. The stories of contract ripoffs arc legion they Are chronic with no apparent solution in sight. But military lawyers say the often Given advice not to sign any con tract until seeing a Legal assistance officer could Cut Down on the , read and think they say. Don t sign anything you Don t understand until you be talked with your Legal assistance officer Duffy said. Banned booksellers companies and individuals engaging in unfair business practices with service personnel can be placed off limits by the armed forces disciplinary control Board  of voting members from the army air Force and Navy the Board reviews of limits cases every three months and the individual services advise commanders of Board de  declared off limits by the Board Are a number of firms and individuals Selling encyclopedias and educational materials. They arc army Ovart tas education a Arvic. Pobo int. Washington. . 10001 it Kiloton education plan. 1101  it., Chicago. M. Bit Cut Tomar Rowil Ramant Salai eur Amqui Mant of  and Frank furl Addrain unknown. Latte National Book stat of Chicago adorns unknown. Zuppar Adako Elbe i. Addrel in Columbia corporation est to fun Vinyl too Vaduz. Via swi Garland. Llachlan Utin. Army of Flaat education Marvica.  3v. Hgo Munich. Or and mrs. Alfred Narosky. It nil ttrast�2i.m�munltf�. Or. And mrs. Edward Rota  Stratm 1j. 1000 Munich a. Transatlantic marketing a Mph. Or  Munich. 1977 the stars and stripes  
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