Interpretation of Dates

buyingabroad

Registered User
Messages
159
Hi all,

I am party to a contract and I want to work out how a reasonable person would interpret the clauses below.

The termination notice was issued on 31 October 2008. On what date does the termination amount increase?

Website Terms and Conditions:
It states: From the date of issue of the termination notice, there is a 28 day period in which to pay the termination amount. If the initial 28 day period elapses and the termination amount is not paid, there is a second 28 day period where the termination amount increases by 50%.

The Contract:
You may during the period of 28 days, beginning on the date of the termination notice, pay the termination amount. If you do not pay the termination amount during that period, you may, beginning on the expiration of that period, during the further period of 28 days, pay an increased termination amount of [x]......

Thanks for your help on this.
 
The website terms and conditions say 28 days from termination notice, so you would have up to and including 28th November to pay. On the 29th November the termination amount would increase by 50%.

The contract says 28 days beginning on the date of termination notice, making the 31st October day 1, so you have up to and including the 27th November to pay. On the 28th November you would have to pay the increased termination amount.
 
Does the fact that the terms and conditions differ between the contract and the website make any difference? If one was unsure on the contract and went to the website to check, is this a valid argument that the 28th should be the relevant date under both scenarios?