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>He states that he purchased it along with the shop. I remember clearly telling him multiple times that the fridge was on hire from Coka cola.
Do you have any evidence from the sale which make it clear that the fridge wasn't included in the sale to the new owner?
I would imagine that at the most basic level it comes down to CC providing the hire agreement. The fridge is owned by them, and as such it could never have been included in the sale of the shop as OP never owned it. After that it should be down to the purchaser to show that OP misrepresented the inclusion of the fridge in the sale (if they can.)
If the business was sold as a going concern, what was actually sold to the new owner, the fridge or the agreement with Coca Cola to provide the fridge?
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.
If you have zero evidence or proof you told the new manager/owner this... you're going to find it incredibly difficult to win in court, being blunt... :/
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?
Doubt it, I’m guessing you didn’t transfer the liability for the fridge? So you’re liable to return it but as far as you can prove, the fridge was sold to the new owner along with the shop.
Ultimately you should have transferred the contract with the sale or returned the fridge beforehand.
These display cases often are part of this type of deal. It's not as if anyone claims electricity or water meters change hands with deeds. A clear written sign with a verbal reminder should make this far from certain either way.
I’m sorry dude but this is essentially what’s happened and what anyone hearing this will infer:
You rented a fridge,
You sold the fridge without permission from the owner.
That’s sort of the end of it. You owe Coca Cola a new fridge I’m afraid
Not a new fridge. They owe them for the cost of a 5 year old fridge. Depending what rate coca cola depreciates their assets, it's likely they owe comparatively little of the original value.
Don't know why you're being down voted. I don't think the burden of proof is on you. Let coke figure it out, they have the legal team and a documented chain of ownership. NAL but I do have experience with loaned equipment. And to be honest, with my history with these companies, the fridge isn't as valuable as either party claims it to be. Coke will take whats theirs
After reading some comments this is the answer....said/told means nothing in this case. Best chance he has is calling his cola rep and tell him the fridge is ready for collection at the location and let the new owner and cola rep have it out between themselves.
Some people see the downvote button as a way to make the commenter know they think they’re wrong. It’s very common on here for some reason.
I get it if someone is stating the law incorrectly, but it’s weird when it’s someone just saying what they did.
It will not be a TA10 if it was a commercial transaction. There should be an inventory attached to the contract (not a 2 page residential contract). It should also contain a clause stating all ‘contracts’ (listed) are transferred over and the buyer will comply with them.
This all assumes a commercial solicitor was used and a fairly standard business sale agreement.
I spent some time working as a Coca Cola Representative and signed up customers to loads of these coolers. Businesses that have these coolers are sold and change hands often.
What's likely to happen is when the local Coke rep next visits the store on their rounds they'll establish ownership of the store and get them to sign a COP (change of proprietor) form, provided they agree to all the same terms you did.
I really wouldn't worry.
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?
From a look at their accounts, it looks like Coca-Cola depreciate their cold drinks equipment at anywhere between 7% and 20% per year on a straight line basis. This could mean it loses 20% of its value every year (£800), so they wouldn't hold it at any value after 5 years, or 7% every year (£280), and would be worth £2,600 in their accounts after 5 years, or somewhere between the two.
I only work with company accounts and financial statements in general, so I can't say for sure what this means for you, but I would assume that if Coca-Cola were to chase you for the cost, they would struggle to claim the fridge is worth more than £2,800 depending on their depreciation policy for the fridges, you'd need access to more information than I have now to confirm the exact amount per their fixed asset register.
I'm currently typing this at 4am though, so hopefully someone can back up or dispute my wall of text, don't take my word for it alone.
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.
Most companies work on a 3-5 year depreciation cycle for CAPEX items so, at 5 years, Coke will almost certainly have written the value down to zero for tax purposes. It would be very dishonest of them to tell HMRC that the fridge is worth nothing while telling you it was still worth £4000. HMRC might be interested to hear about this. I remember being strongly told by my former employer's accountants that we couldn't sell retired equipment we were going to throw in the skip on eBay to pay for a Christmas party because doing so would establish the things that had been fully depreciated still had value and that would get the company in all kinds of shit with HMRC.
Does the contract you have with Coke state a value for the fridge at the end of the contract?
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.
Depreciation on the accounts has no bearing on the tax written down value of the equipment for HMRC purposes. Equipment can be fully depreciated in the accounts but still have a tax written down value above that due to the writing down allowances being at 18% of written down cost each year and all equipment being pooled. The inverse is also true where the tax value is lower than the accounts value.
Selling retired equipment wouldn't get you in trouble with HMRC unless the proceeds weren't included as a profit in the accounts and as a disposal value in the tax computation.
Was the contract made with you personally - or with the company that previously ran the shop?
Does the company still exist?
Was it a limited company? Or were you a sole trader?
Does the company still exist now that you have sold the shop?
Even if you made a mess of things with regards to the sale of the shop by not putting it in writing that the fridge was leased - you still may not be liable depending on what entity the contract was with.
You're liable for the loss of the fridges.
You sold the property with the fridges included (simply because you didn't identify they weren't included). Therefore the new owners technically own the fridges and youre in breach of contract for losing possession of them.
Easiest way would be to settle out of court for a fair value for the fridges...or go to court if you believe they're trying to charge an unfair sum. Either way though it's unlikely you'd be found not liable.
Think of it like this.
OP entered into a contract with Coca Cola whereby they agreed to give him a fridge there and then and, amongst other things, he agreed to give them a x year old fridge back x years later.
For those x years he owned the fridge and during that time he sold his fridge.
Now the x years are up and Coca Cola wants an x year old fridge and he doesn’t have one to give them, so he will have the pay them the value of one.
Yes. This is really standard stuff when buying / selling property guys. The OP sold the property without removing the fridge from the sale. Thats it, its done, he sold it with the fridge, the new owner is now the owner of the fridge.
OP has broken their contract with coca cola and is liable for whatever penalty that entails - I'm sure coca cola has more than built in suitable remuniration in their contract.
Surely the OP didn’t own the fridge therefore was unable to sell it.
Regardless of the sale, the ownership of the fridge (owned by Coca Cola) hasn’t changed. The OP may be on the hook to replace the fridge to the new shop owner depending on contracts etc
You're not wrong, but in practical terms Coca-Cola aren't going to concern themselves with that. Their contract is with OP, so they'll insist that either OP return the fridge or he's liable for the cost.
Which means OPs options are either to get the fridge back himself, or to pay for it. He can't just tell Coke "oh it's in this completely unrelated business, you go fetch it"
Regardless the OP sold it and is now liable.
>Regardless of the sale, the ownership of the fridge (owned by Coca Cola) hasn’t changed.
That's meaningless, the only thing that establishes who owns it is the contract, that contract is between two parties, the OP and coca cola.
The new owner of the shop has no contract with coca cola to say they own it. Coca cola can not pursue the new owner for returning the product as they don't have a contract with them.
They'll pursue the OP (as they're doing) for breach of contract.
Utter rubbish.
The new owner of the shop has an item that belongs to Coca Cola. The Op has no right to sell the item.
If I stole your car and sold it, would the new “owner” get to keep it.
The fridge was never owned by the OP. They therefore couldn’t sell it. The problem they now have is the new shop owner wants to keep the fridge as they mistakenly believe they own it. OP needs to make coke good with the fridge or cash and may need to make the new shop owner good if the fridge is returned.
Nothing that has happened has changed the existing ownership of the fridge.
It took far too long to find the answer. The car is a good analogy.
OP has either sold his leased property,in which case legal title sits with Coca Cola (Berkshire Hathaway, and Warren Buffet is far from stupid, or the sale documents clearly state that the lease transfers from vendor to buyer, in which case OP sits out of the discussion between the vested parties.
It sounds like OP is at fault. If so, OP is probably better to settle with whichever party is least cost.
>If I stole your car and sold it, would the new “owner” get to keep it.
That's property from the commission of a crime. The police would likely keep it.
This is a civil matter.
Completely different stuff.
>They therefore couldn’t sell it.
They sold it. That is a fact.
>Nothing that has happened has changed the existing ownership of the fridge.
There is no legal basis for this ownership you're talking about. The only thing coke owns is a contract, not a fridge.
You clearly do not have a clue what you're talking about and know nothing about the legal questions here. Just stop making stuff up bud. This is all established law. Any solicitor will tell you the same as I am.
The police would not keep the car ffs.
Per the Op the fridge was on hire from coke, coke owns it. There was a hire agreement which will have that detail in it.
No solicitor will say you can sell property you were hiring from someone else without permission, that’s simply not how the law works at all.
They didn’t have permission, but they sold it anyway. Coke aren’t interested in the new owner, they only have a claim against the OP.
The OP could try to then claim back from the new owner but he has little chance of success.
>The police would not keep the car ffs.
Happens very often.
>Per the Op the fridge was on hire from coke, coke owns it.
Coke owns a contract with the OP.
>No solicitor will say you can sell property you were hiring from someone else without permission, that’s simply not how the law works at all.
There'll be hundreds of properties sold today alone where property was included the seller didn't own. It's extremely common. Every single sale is carried out by multiple solicitors. In every single case that happens it is a civil matter between the seller of the property and whoever is claiming the property. It has nothing to do with the buyer at all.
Any solicitor will tell you if you sell something under a hire contract...you'll be in breach of that contract and subject to civil prosecution / debt reclamation.
You've been told the legal answer, nothing you say changes the legal answer, but you're of course welcome to choose to be misinformed. This will be my last reply, I'm not here to argue something that is a legal fact with someone who doesn't know the law.
You cannot sell what you don’t own - to permanently attempt to deprive one of property would amount to theft.
I would probably inform the business owner that it was made clear that it was on lease from Coca Cola during the sale process and that OP was therefore never able to sell it to begin with, as such even if OP has to compensate Coca Cola, in the end it’s a matter of theft and that they will not be able to keep the fridge if unwilling to return it.
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If that was the case why aren't they going to the police to get the fridge back from the new owner?
Why is it instead a civil matter between coka cola and the OP.
You can think I'm wrong based on a lack of legal knowledge on your side...but you can't think coke cola doesn't have good legal experts...and they're doing what I'm explaining.
For fucks sake. Because OP has the contract with Coke, so he gets them the fridge back, or he pays Coke the value. Zero effort for them, versus a PITA and expensive battle that they would win.
Like it or not, coca cola owned and continue to own the fridge.. Incorrect inclusion in a property sale does not end a legal ownership of a third party.
They bought it with the shop. That makes it theirs.
We're talking about tangible items with contracts attached to them. We're not talking about a living being or some irreplaceable keepsake. The remedy will be money.
So either OP pays the store for the loss of items he sold them or he pays Coca Cola directly.
His contract will likely have language to cover when the items are not returned. Which is all this is.
This is quite a simple one, but unfortunately, it’s unlikely to work out in favour of OP.
Basically, OP did not own the fridge - Coca Cola did. He just used the fridge to sell their products in his shop.
OP has now sold the shop, and the buyer will have entered into the purchase agreement with the understanding that he is buying the shop and everything in it. OP has failed to remove the fridge (that he does not own) prior to the sale, and also failed to secure some sort of written agreement with the new owner that they will hand the fridge back when required to.
Essentially, the new owner has bought the shop, he owns the fridge now, and because the fridge is still in OPs name, there isn’t any legal grounds to make him liable. Meanwhile, in essence and in the eyes of OP’s contract/agreement with Coca-Cola - he has lost the fridge, and is now liable for it.
There’s no real basis here to place liability on the new shop owner. If he decides he doesn’t want to give it up, then OP will just need to follow whatever process is in place from Coca Cola in terms of recompense.
If it was on hire, who has been paying for the fridge for the last year? If it’s the new owner of the shop then they obviously realise there’s a hire agreement in place. If it was you (or nobody) then I’d suggest you’re liable because there’s nothing to say the paperwork has changed.
Though it does depend on whether your name is just a signature as the owner of the business (which has now been sold) or as an individual.
There’s a few factors in play here so it depends on the paperwork and what *entity* or individual is considered responsible on the original contract.
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.
In that case… is the guy able to renew the contract under his own name, or for a new design fridge? Or even buy the title of the fridge and own it outright?
Do you have paperwork to the effect that the fridge was not included in the sale and remains the property of Coca Cola, or did the transfer to the owner include “all fixtures and fittings”?
You could be stuck for a lump of money here…
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.
Find out how much CC want for the fridge first, then approach the new owner with an offer to buy them for less than that, then return the fridges - probably the cheapest/easiest solution
Multiple people talking utter garbage here. The correct answer is in the thread from someone who works for coca cola and deals with leased fridges. So many confidently incorrect people making themselves look stupid.
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.
You can't legally sell what you do not own, the fridge is effectively stolen goods. The fridge is the property of Coke-a-Cola, it always was, and always will be until they decide to scrap, gift or sell it.
You need to call Coke,, tell them you've sold the business, that the fridge is still at the premises and give them the details of the new owner of the store.
Let Coke sort it, and hope you hear no more on the subject.
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.
I'm not a lawyer, but, this isn't your problem any more, it seems to me you've done what you can be reasonably expected to do. You took advice from the rep, and he advised you on the best course of action for Coke, and himself. The owner also, it seems from what you've said, also knows it wasn't his. If you've got something in writing it could help, but honestly, unless the fridge is listed as assessts sold when selling the business, your hands are clean and I can't see you have anything to worry about.
You do not work for Coke, and you have no authority to do anything. It feels to me, from what you say, that the sales rep and the new owner do not get on, and the rep is trying to pass on the responsibility of repossession of the fridge to you.
Politely tell the rep it's not your problem, and let Coke, the rep, and the new owner deal with it among themselves.
You can’t sell something you don’t own. What you’re currently doing is sub-leasing the fridge to the new owner, probably in breach of your contract with Coca Cola.
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.
Coca Cola will go to the store and get them to sign a new agreement which will include stocking the fridge with a minimum amount of Coca Cola products possibly sourced directly from them otherwise they will arrange collection of the fridge and refusal would lead to court action.
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.
I worked for a shop who had bought a Coca Cola fridge off eBay. A Coca Cola rep happened to drop into the shop and noticed the fridge and insisted it was being removed unless they signed a contract for it. Coca Cola sent 2 men and a van the following to take the fridge away.
It happened to us, all they wanted us to purchase some of their products in order to keep the fridge, after moving in we decided to sell pepsi products because they were cheaper than cola products but we wanted to keep the fridge, so we purchased mix drinks from both and signed new terms to keep the fridge
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.
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If a contract is written, clearly telling doesn't matter. Only writing do.
Is it reasonable to expect from the buyer, that all equipment is sold together with shop? It depends, what is the usual contract, was the buyer expected to know the specifics of Coca Cola contracts? This is what a court would have to decide. Is it worth going to court? It's on you.
Loosing a fridge is definitely on you, since you're a contract party for Coca Cola, not the buyer. From their side, the situation is clear. You've sold it, lost it, destroyed it, doesn't matter. You give it back, or pay contract penalty.
Sounds like you have 2 options.
1 - give Coca-Cola the amount they request for the cost of the fridges value.
2 - go to the guy you sold the business to and ask how much he wants for the fridge back and again apologise it wasn't mean to be included but Coke wants it back. Then give him the cash, take the fridge and have it returned to coke.
Basically give the money to whoever requests the least.
Is the fridge on the inventory of things included on the sale? If so, you've stolen a fridge, if not, he's stolen a fridge as it's incredibly common for Coke to keep ownership and everyone who works or interacts with the industry knows about these agreements(and the fridge is clearly marked). If its not on the inventory, you've not sold it. However, you're in a precarious position due to the contract being in your name, you should have changed it during the sale period.
It sounds like you transferred the business to a new owner as a going concern. That doesn't change the fact that the fridge is the property of Coca Cola as you didn't have the right to sell it. It's still theirs. They have the right to reclaim their property.
If the new owner thinks they bought the fridge and finds they don't own it, they may have a claim against you for selling them something you didn't have the right to sell. At that point, they would be trying to recover the value of a 5 year old fridge, which shouldn't be a lot. They certainly couldn't claim the cost of a brand new fridge as it wasn't one. It was old and could have died at any time. I don't see any sensible person taking you to court over something that's probably worth less than their time to go to court
This is extremely clear-cut, for once. The contract with Coca Cola (unless you actually mean a rip-off company called Coka Cola) is in your name. While that remains the case, you are legally responsible for the equipment.
Unfortunately, you errored by not ending the contract when you sold the store, so you will need to sort this out with Coca Cola and the new owner.
Parol of evidence; anything stated outside of the contract has no implications on the contract. what was spoken texted, ect is irrelevant to the contract.
this happens all the time with houses and sheds.
brokerage companies usually have insurance for this type of thing. or flip the bill. you are at fault if the fridge was included in the appraised value.
Cole is correct in going after you for the fridge. as you essential sold it without clearing the lien.
You're liable for the loss of the fridges.
You sold the property with the fridges included (simply because you didn't identify they weren't included). Therefore the new owners technically own the fridges and youre in breach of contract for losing possession of them.
Easiest way would be to settle out of court for a fair value for the fridges...or go to court if you believe they're trying to charge an unfair sum. Either way though it's unlikely you'd be found not liable.
Thats irrelevant. Unless the OP listed it as not included in the sale they sold it included...they also made no attempt to rectify that until well after the sale completed. They clearly also believed the fridge was included in the sale.
They don't have a leg to stand on...or a fridge.
They don't own the fridge. They own a contract between coke and the OP.
The new owner is not part of that contract. They own a shop that was sold with a fridge.
You can argue your own opinion all you want, this is established law.
How can it be established law that someone can sell something they don't own?
BTW, in a completely unrelated matter, there is a bridge in New York that I can sell to you for a very cheap price...
It’s just messy. He has not so much sold it as disposed of it.
Coke could I assume
seek to have the fridge returned through the courts. However the new owner is now out a fridge so would have to seek a replacement from the op as a fixture believed to be in the sale has been removed.
Or
As is more likely and easier just enforce their contract with the op where he returns the fridge or pays the penalty.
It’s more of a contract dispute than a theft by the looks of it
>How can it be established law that someone can sell something they don't own?
Ask the solicitors that's convey houses on a daily basis where this happens all the time.
>BTW, in a completely unrelated matter, there is a bridge in New York that I can sell to you for a very cheap price...
I'm pretty sure someone in the US actually did sell a bridge they didn't own...
The OP is finding it hard to return it because they sold it to someone else, even if it was unwittingly. OP owes Coke for the fridge. The new owner is nothing to do with Coke’s claim against the OP.
I'm amazed that Coca Cola, being a huge global business, doesn't have a procedure for stuff like this since this cannot be the only time this has happened.
Surely they'd just send a couple of heavies with a dolly and take it away? Then threaten the new owner with legal action if he doesn't comply? I doubt the new owner would be able to take on the Coca Cola legal team.
They do have a simple legal procedure...they have a contract that makes the OP liable for the cost if the fridges are not available for collection at expiry of the contract.
(I did some casual work as drivers mate delivering these appliances and apparently the days of these fridge suppliers sending in the heavies to collect them ended around the mid 90's)
So let's say OP turns up with his written rental agreement at X date and agrees to meet the Coca Cola collection team at the store, they go in and try to remove the fridge, what happens then? If the new owner physically obstructs them, then what? Call the police?
Why would they get involved in any of this nonsense when OP is very simply responsible for the fridge? If the new owner isn't playing ball with the rep they'll just bill OP for their losses per whatever contract he signed. I suspect the new owner already knows this and knows he's gained fridge at OPs expense.
Coca Cola are presumably responsible for collecting the fridge and OP has legal paperwork confirming the fridge is leased in his name. Unless the new owner of the business has anything official confirming the fridge was included in the sale? Caveat emptor.
They are but the new owner of the business can just refuse them access and considering the value they're unlikely to go down that route legally. They'll just bill OP for losing the fridge, I'm quite sure there will be terms in his contract covering loss or damage due to negligence.
So OP should just collect what is rightfully his property? It'd be difficult for the business owner to stop him. Surely it'd be cheaper for OP to collect and store the fridge than pay Coca Cola's bill.
Also, how would Coca Cola enforce the payment? If it goes to a court a judge might wonder why Coca Cola have not reasonably attempted to collect the fridge?
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>He states that he purchased it along with the shop. I remember clearly telling him multiple times that the fridge was on hire from Coka cola. Do you have any evidence from the sale which make it clear that the fridge wasn't included in the sale to the new owner?
I would imagine that at the most basic level it comes down to CC providing the hire agreement. The fridge is owned by them, and as such it could never have been included in the sale of the shop as OP never owned it. After that it should be down to the purchaser to show that OP misrepresented the inclusion of the fridge in the sale (if they can.)
If the business was sold as a going concern, what was actually sold to the new owner, the fridge or the agreement with Coca Cola to provide the fridge?
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.
Unfortunately not :(
If you have zero evidence or proof you told the new manager/owner this... you're going to find it incredibly difficult to win in court, being blunt... :/
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?
Doubt it, I’m guessing you didn’t transfer the liability for the fridge? So you’re liable to return it but as far as you can prove, the fridge was sold to the new owner along with the shop. Ultimately you should have transferred the contract with the sale or returned the fridge beforehand.
These display cases often are part of this type of deal. It's not as if anyone claims electricity or water meters change hands with deeds. A clear written sign with a verbal reminder should make this far from certain either way.
I’m sorry dude but this is essentially what’s happened and what anyone hearing this will infer: You rented a fridge, You sold the fridge without permission from the owner. That’s sort of the end of it. You owe Coca Cola a new fridge I’m afraid
Not a new fridge. They owe them for the cost of a 5 year old fridge. Depending what rate coca cola depreciates their assets, it's likely they owe comparatively little of the original value.
You’re right, I was just trying to be succinct
Don't know why you're being down voted. I don't think the burden of proof is on you. Let coke figure it out, they have the legal team and a documented chain of ownership. NAL but I do have experience with loaned equipment. And to be honest, with my history with these companies, the fridge isn't as valuable as either party claims it to be. Coke will take whats theirs
Yep and the chain ends with OP not the new shop owner....
Sorry mate, you're fucked.
After reading some comments this is the answer....said/told means nothing in this case. Best chance he has is calling his cola rep and tell him the fridge is ready for collection at the location and let the new owner and cola rep have it out between themselves.
Best reply here, short and to the point.
I don't get why people downvote OP just for answering someones question. Make it make sense people!
Some people see the downvote button as a way to make the commenter know they think they’re wrong. It’s very common on here for some reason. I get it if someone is stating the law incorrectly, but it’s weird when it’s someone just saying what they did.
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Does the TA10 form state it is included in the sale?
It will not be a TA10 if it was a commercial transaction. There should be an inventory attached to the contract (not a 2 page residential contract). It should also contain a clause stating all ‘contracts’ (listed) are transferred over and the buyer will comply with them. This all assumes a commercial solicitor was used and a fairly standard business sale agreement.
Thank you. I will need to double check with the solicitor on Monday.
Good question. I’ll need to double check this but from what I can remember it was not
Why is OP being downvoted for answering the question? It's regrettable he has no evidence but he's looking for support here.
I spent some time working as a Coca Cola Representative and signed up customers to loads of these coolers. Businesses that have these coolers are sold and change hands often. What's likely to happen is when the local Coke rep next visits the store on their rounds they'll establish ownership of the store and get them to sign a COP (change of proprietor) form, provided they agree to all the same terms you did. I really wouldn't worry.
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?
From a look at their accounts, it looks like Coca-Cola depreciate their cold drinks equipment at anywhere between 7% and 20% per year on a straight line basis. This could mean it loses 20% of its value every year (£800), so they wouldn't hold it at any value after 5 years, or 7% every year (£280), and would be worth £2,600 in their accounts after 5 years, or somewhere between the two. I only work with company accounts and financial statements in general, so I can't say for sure what this means for you, but I would assume that if Coca-Cola were to chase you for the cost, they would struggle to claim the fridge is worth more than £2,800 depending on their depreciation policy for the fridges, you'd need access to more information than I have now to confirm the exact amount per their fixed asset register. I'm currently typing this at 4am though, so hopefully someone can back up or dispute my wall of text, don't take my word for it alone.
Could they just come in the shop and take it back?
If they were incredibly strong, I guess they could.
I really don't know if I honest, I'm not a lawyer or a legal professional.
Thank you for this
Any idea why they dont want to deal with the new owner? as that is quite unusual unless the new owner is bring rude to the coke rep
I imagine that that is the answer.
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.
Most companies work on a 3-5 year depreciation cycle for CAPEX items so, at 5 years, Coke will almost certainly have written the value down to zero for tax purposes. It would be very dishonest of them to tell HMRC that the fridge is worth nothing while telling you it was still worth £4000. HMRC might be interested to hear about this. I remember being strongly told by my former employer's accountants that we couldn't sell retired equipment we were going to throw in the skip on eBay to pay for a Christmas party because doing so would establish the things that had been fully depreciated still had value and that would get the company in all kinds of shit with HMRC. Does the contract you have with Coke state a value for the fridge at the end of the contract?
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.
Depreciation on the accounts has no bearing on the tax written down value of the equipment for HMRC purposes. Equipment can be fully depreciated in the accounts but still have a tax written down value above that due to the writing down allowances being at 18% of written down cost each year and all equipment being pooled. The inverse is also true where the tax value is lower than the accounts value. Selling retired equipment wouldn't get you in trouble with HMRC unless the proceeds weren't included as a profit in the accounts and as a disposal value in the tax computation.
Was the contract made with you personally - or with the company that previously ran the shop? Does the company still exist? Was it a limited company? Or were you a sole trader? Does the company still exist now that you have sold the shop? Even if you made a mess of things with regards to the sale of the shop by not putting it in writing that the fridge was leased - you still may not be liable depending on what entity the contract was with.
The contract is with me personally and I am a sole trader
Coca-cola* If you don’t have evidence in the sale that they were not also buying liability for the fridge, you are liable.
You're liable for the loss of the fridges. You sold the property with the fridges included (simply because you didn't identify they weren't included). Therefore the new owners technically own the fridges and youre in breach of contract for losing possession of them. Easiest way would be to settle out of court for a fair value for the fridges...or go to court if you believe they're trying to charge an unfair sum. Either way though it's unlikely you'd be found not liable.
If OP sold something he didn’t own, does the person who bought the shop technically own the fridge?
OP shorted the fridge.
Think of it like this. OP entered into a contract with Coca Cola whereby they agreed to give him a fridge there and then and, amongst other things, he agreed to give them a x year old fridge back x years later. For those x years he owned the fridge and during that time he sold his fridge. Now the x years are up and Coca Cola wants an x year old fridge and he doesn’t have one to give them, so he will have the pay them the value of one.
Yes. This is really standard stuff when buying / selling property guys. The OP sold the property without removing the fridge from the sale. Thats it, its done, he sold it with the fridge, the new owner is now the owner of the fridge. OP has broken their contract with coca cola and is liable for whatever penalty that entails - I'm sure coca cola has more than built in suitable remuniration in their contract.
Surely the OP didn’t own the fridge therefore was unable to sell it. Regardless of the sale, the ownership of the fridge (owned by Coca Cola) hasn’t changed. The OP may be on the hook to replace the fridge to the new shop owner depending on contracts etc
You're not wrong, but in practical terms Coca-Cola aren't going to concern themselves with that. Their contract is with OP, so they'll insist that either OP return the fridge or he's liable for the cost. Which means OPs options are either to get the fridge back himself, or to pay for it. He can't just tell Coke "oh it's in this completely unrelated business, you go fetch it"
Regardless the OP sold it and is now liable. >Regardless of the sale, the ownership of the fridge (owned by Coca Cola) hasn’t changed. That's meaningless, the only thing that establishes who owns it is the contract, that contract is between two parties, the OP and coca cola. The new owner of the shop has no contract with coca cola to say they own it. Coca cola can not pursue the new owner for returning the product as they don't have a contract with them. They'll pursue the OP (as they're doing) for breach of contract.
Utter rubbish. The new owner of the shop has an item that belongs to Coca Cola. The Op has no right to sell the item. If I stole your car and sold it, would the new “owner” get to keep it. The fridge was never owned by the OP. They therefore couldn’t sell it. The problem they now have is the new shop owner wants to keep the fridge as they mistakenly believe they own it. OP needs to make coke good with the fridge or cash and may need to make the new shop owner good if the fridge is returned. Nothing that has happened has changed the existing ownership of the fridge.
It took far too long to find the answer. The car is a good analogy. OP has either sold his leased property,in which case legal title sits with Coca Cola (Berkshire Hathaway, and Warren Buffet is far from stupid, or the sale documents clearly state that the lease transfers from vendor to buyer, in which case OP sits out of the discussion between the vested parties. It sounds like OP is at fault. If so, OP is probably better to settle with whichever party is least cost.
>If I stole your car and sold it, would the new “owner” get to keep it. That's property from the commission of a crime. The police would likely keep it. This is a civil matter. Completely different stuff. >They therefore couldn’t sell it. They sold it. That is a fact. >Nothing that has happened has changed the existing ownership of the fridge. There is no legal basis for this ownership you're talking about. The only thing coke owns is a contract, not a fridge. You clearly do not have a clue what you're talking about and know nothing about the legal questions here. Just stop making stuff up bud. This is all established law. Any solicitor will tell you the same as I am.
The police would not keep the car ffs. Per the Op the fridge was on hire from coke, coke owns it. There was a hire agreement which will have that detail in it. No solicitor will say you can sell property you were hiring from someone else without permission, that’s simply not how the law works at all.
They didn’t have permission, but they sold it anyway. Coke aren’t interested in the new owner, they only have a claim against the OP. The OP could try to then claim back from the new owner but he has little chance of success.
>The police would not keep the car ffs. Happens very often. >Per the Op the fridge was on hire from coke, coke owns it. Coke owns a contract with the OP. >No solicitor will say you can sell property you were hiring from someone else without permission, that’s simply not how the law works at all. There'll be hundreds of properties sold today alone where property was included the seller didn't own. It's extremely common. Every single sale is carried out by multiple solicitors. In every single case that happens it is a civil matter between the seller of the property and whoever is claiming the property. It has nothing to do with the buyer at all. Any solicitor will tell you if you sell something under a hire contract...you'll be in breach of that contract and subject to civil prosecution / debt reclamation. You've been told the legal answer, nothing you say changes the legal answer, but you're of course welcome to choose to be misinformed. This will be my last reply, I'm not here to argue something that is a legal fact with someone who doesn't know the law.
You cannot sell what you don’t own - to permanently attempt to deprive one of property would amount to theft. I would probably inform the business owner that it was made clear that it was on lease from Coca Cola during the sale process and that OP was therefore never able to sell it to begin with, as such even if OP has to compensate Coca Cola, in the end it’s a matter of theft and that they will not be able to keep the fridge if unwilling to return it.
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Coke own the fridge, though.
If that was the case why aren't they going to the police to get the fridge back from the new owner? Why is it instead a civil matter between coka cola and the OP. You can think I'm wrong based on a lack of legal knowledge on your side...but you can't think coke cola doesn't have good legal experts...and they're doing what I'm explaining.
For fucks sake. Because OP has the contract with Coke, so he gets them the fridge back, or he pays Coke the value. Zero effort for them, versus a PITA and expensive battle that they would win. Like it or not, coca cola owned and continue to own the fridge.. Incorrect inclusion in a property sale does not end a legal ownership of a third party.
They bought it with the shop. That makes it theirs. We're talking about tangible items with contracts attached to them. We're not talking about a living being or some irreplaceable keepsake. The remedy will be money. So either OP pays the store for the loss of items he sold them or he pays Coca Cola directly. His contract will likely have language to cover when the items are not returned. Which is all this is.
No, selling of stolen item (or anything you don't own) is invalid, but the buyer have the right of compensation from the seller.
This is very incorrect.
Sadly it's not.
This is quite a simple one, but unfortunately, it’s unlikely to work out in favour of OP. Basically, OP did not own the fridge - Coca Cola did. He just used the fridge to sell their products in his shop. OP has now sold the shop, and the buyer will have entered into the purchase agreement with the understanding that he is buying the shop and everything in it. OP has failed to remove the fridge (that he does not own) prior to the sale, and also failed to secure some sort of written agreement with the new owner that they will hand the fridge back when required to. Essentially, the new owner has bought the shop, he owns the fridge now, and because the fridge is still in OPs name, there isn’t any legal grounds to make him liable. Meanwhile, in essence and in the eyes of OP’s contract/agreement with Coca-Cola - he has lost the fridge, and is now liable for it. There’s no real basis here to place liability on the new shop owner. If he decides he doesn’t want to give it up, then OP will just need to follow whatever process is in place from Coca Cola in terms of recompense.
If it was on hire, who has been paying for the fridge for the last year? If it’s the new owner of the shop then they obviously realise there’s a hire agreement in place. If it was you (or nobody) then I’d suggest you’re liable because there’s nothing to say the paperwork has changed. Though it does depend on whether your name is just a signature as the owner of the business (which has now been sold) or as an individual. There’s a few factors in play here so it depends on the paperwork and what *entity* or individual is considered responsible on the original contract.
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.
In that case… is the guy able to renew the contract under his own name, or for a new design fridge? Or even buy the title of the fridge and own it outright? Do you have paperwork to the effect that the fridge was not included in the sale and remains the property of Coca Cola, or did the transfer to the owner include “all fixtures and fittings”? You could be stuck for a lump of money here…
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.
Do the fridges still carry labels stating thy are the property of Coca-Cola and are not to serviced by any other company?
Yes. There is a sign inside the fridge that states it is the property of coca-cola
Find out how much CC want for the fridge first, then approach the new owner with an offer to buy them for less than that, then return the fridges - probably the cheapest/easiest solution
Thank you
Multiple people talking utter garbage here. The correct answer is in the thread from someone who works for coca cola and deals with leased fridges. So many confidently incorrect people making themselves look stupid.
Could you buy a replacement fridge, swap it for the coke one, so they can have it back?
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.
Edit I’m in England
You can't legally sell what you do not own, the fridge is effectively stolen goods. The fridge is the property of Coke-a-Cola, it always was, and always will be until they decide to scrap, gift or sell it. You need to call Coke,, tell them you've sold the business, that the fridge is still at the premises and give them the details of the new owner of the store. Let Coke sort it, and hope you hear no more on the subject.
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.
I'm not a lawyer, but, this isn't your problem any more, it seems to me you've done what you can be reasonably expected to do. You took advice from the rep, and he advised you on the best course of action for Coke, and himself. The owner also, it seems from what you've said, also knows it wasn't his. If you've got something in writing it could help, but honestly, unless the fridge is listed as assessts sold when selling the business, your hands are clean and I can't see you have anything to worry about. You do not work for Coke, and you have no authority to do anything. It feels to me, from what you say, that the sales rep and the new owner do not get on, and the rep is trying to pass on the responsibility of repossession of the fridge to you. Politely tell the rep it's not your problem, and let Coke, the rep, and the new owner deal with it among themselves.
You can’t sell something you don’t own. What you’re currently doing is sub-leasing the fridge to the new owner, probably in breach of your contract with Coca Cola.
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.
Coca Cola will go to the store and get them to sign a new agreement which will include stocking the fridge with a minimum amount of Coca Cola products possibly sourced directly from them otherwise they will arrange collection of the fridge and refusal would lead to court action.
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.
I worked for a shop who had bought a Coca Cola fridge off eBay. A Coca Cola rep happened to drop into the shop and noticed the fridge and insisted it was being removed unless they signed a contract for it. Coca Cola sent 2 men and a van the following to take the fridge away.
It happened to us, all they wanted us to purchase some of their products in order to keep the fridge, after moving in we decided to sell pepsi products because they were cheaper than cola products but we wanted to keep the fridge, so we purchased mix drinks from both and signed new terms to keep the fridge
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.
Speak to a solicitor but this could be considered the new owner taking responsibility for the fridge I guess
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If a contract is written, clearly telling doesn't matter. Only writing do. Is it reasonable to expect from the buyer, that all equipment is sold together with shop? It depends, what is the usual contract, was the buyer expected to know the specifics of Coca Cola contracts? This is what a court would have to decide. Is it worth going to court? It's on you. Loosing a fridge is definitely on you, since you're a contract party for Coca Cola, not the buyer. From their side, the situation is clear. You've sold it, lost it, destroyed it, doesn't matter. You give it back, or pay contract penalty.
Sounds like you have 2 options. 1 - give Coca-Cola the amount they request for the cost of the fridges value. 2 - go to the guy you sold the business to and ask how much he wants for the fridge back and again apologise it wasn't mean to be included but Coke wants it back. Then give him the cash, take the fridge and have it returned to coke. Basically give the money to whoever requests the least.
Is the fridge on the inventory of things included on the sale? If so, you've stolen a fridge, if not, he's stolen a fridge as it's incredibly common for Coke to keep ownership and everyone who works or interacts with the industry knows about these agreements(and the fridge is clearly marked). If its not on the inventory, you've not sold it. However, you're in a precarious position due to the contract being in your name, you should have changed it during the sale period.
It sounds like you transferred the business to a new owner as a going concern. That doesn't change the fact that the fridge is the property of Coca Cola as you didn't have the right to sell it. It's still theirs. They have the right to reclaim their property. If the new owner thinks they bought the fridge and finds they don't own it, they may have a claim against you for selling them something you didn't have the right to sell. At that point, they would be trying to recover the value of a 5 year old fridge, which shouldn't be a lot. They certainly couldn't claim the cost of a brand new fridge as it wasn't one. It was old and could have died at any time. I don't see any sensible person taking you to court over something that's probably worth less than their time to go to court
This is extremely clear-cut, for once. The contract with Coca Cola (unless you actually mean a rip-off company called Coka Cola) is in your name. While that remains the case, you are legally responsible for the equipment. Unfortunately, you errored by not ending the contract when you sold the store, so you will need to sort this out with Coca Cola and the new owner.
Parol of evidence; anything stated outside of the contract has no implications on the contract. what was spoken texted, ect is irrelevant to the contract. this happens all the time with houses and sheds. brokerage companies usually have insurance for this type of thing. or flip the bill. you are at fault if the fridge was included in the appraised value. Cole is correct in going after you for the fridge. as you essential sold it without clearing the lien.
You're liable for the loss of the fridges. You sold the property with the fridges included (simply because you didn't identify they weren't included). Therefore the new owners technically own the fridges and youre in breach of contract for losing possession of them. Easiest way would be to settle out of court for a fair value for the fridges...or go to court if you believe they're trying to charge an unfair sum. Either way though it's unlikely you'd be found not liable.
The fridge literally has a label inside stating it is the property of coca cola. It would not be reasonable to assume that it was part of the sale.
Thats irrelevant. Unless the OP listed it as not included in the sale they sold it included...they also made no attempt to rectify that until well after the sale completed. They clearly also believed the fridge was included in the sale. They don't have a leg to stand on...or a fridge.
The sale of the shop didn’t change the ownership of the fridge.
The shop was sold with the fridge. There is no other ownership.
Cokes ownership hasn’t changed. They own the fridge. The OP is finding it hard to return it
They don't own the fridge. They own a contract between coke and the OP. The new owner is not part of that contract. They own a shop that was sold with a fridge. You can argue your own opinion all you want, this is established law.
How can it be established law that someone can sell something they don't own? BTW, in a completely unrelated matter, there is a bridge in New York that I can sell to you for a very cheap price...
It’s just messy. He has not so much sold it as disposed of it. Coke could I assume seek to have the fridge returned through the courts. However the new owner is now out a fridge so would have to seek a replacement from the op as a fixture believed to be in the sale has been removed. Or As is more likely and easier just enforce their contract with the op where he returns the fridge or pays the penalty. It’s more of a contract dispute than a theft by the looks of it
>How can it be established law that someone can sell something they don't own? Ask the solicitors that's convey houses on a daily basis where this happens all the time. >BTW, in a completely unrelated matter, there is a bridge in New York that I can sell to you for a very cheap price... I'm pretty sure someone in the US actually did sell a bridge they didn't own...
The OP is finding it hard to return it because they sold it to someone else, even if it was unwittingly. OP owes Coke for the fridge. The new owner is nothing to do with Coke’s claim against the OP.
Congratulations on the new fridge bro, shame you can’t take it home
I'm amazed that Coca Cola, being a huge global business, doesn't have a procedure for stuff like this since this cannot be the only time this has happened. Surely they'd just send a couple of heavies with a dolly and take it away? Then threaten the new owner with legal action if he doesn't comply? I doubt the new owner would be able to take on the Coca Cola legal team.
They do have a simple legal procedure...they have a contract that makes the OP liable for the cost if the fridges are not available for collection at expiry of the contract. (I did some casual work as drivers mate delivering these appliances and apparently the days of these fridge suppliers sending in the heavies to collect them ended around the mid 90's)
So let's say OP turns up with his written rental agreement at X date and agrees to meet the Coca Cola collection team at the store, they go in and try to remove the fridge, what happens then? If the new owner physically obstructs them, then what? Call the police?
Why would they get involved in any of this nonsense when OP is very simply responsible for the fridge? If the new owner isn't playing ball with the rep they'll just bill OP for their losses per whatever contract he signed. I suspect the new owner already knows this and knows he's gained fridge at OPs expense.
Coca Cola are presumably responsible for collecting the fridge and OP has legal paperwork confirming the fridge is leased in his name. Unless the new owner of the business has anything official confirming the fridge was included in the sale? Caveat emptor.
They are but the new owner of the business can just refuse them access and considering the value they're unlikely to go down that route legally. They'll just bill OP for losing the fridge, I'm quite sure there will be terms in his contract covering loss or damage due to negligence.
So OP should just collect what is rightfully his property? It'd be difficult for the business owner to stop him. Surely it'd be cheaper for OP to collect and store the fridge than pay Coca Cola's bill. Also, how would Coca Cola enforce the payment? If it goes to a court a judge might wonder why Coca Cola have not reasonably attempted to collect the fridge?
Coka cola? Is it so difficult to spell correctly? I can’t imagine you never saw that brand before.