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11 years 9 months ago #898 by ajbcad
Payment terms was created by ajbcad
Hi All,

I'm currently chasing several overdue payments. Now, my T & C's state that payment must be made within 30 days of receipt. My Client says that they pay on the 30th of the month, following the month of invoice! Who's terms & conditions actually apply?

Grrr....I hate chasing payments!

Thanks,
Andrew

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11 years 9 months ago - 11 years 9 months ago #902 by info@bostico.co.uk
This is a classic "battle of contracts". The rule of law says that the "last terms" are the ones in force. Basically is a case of who had the last word? If you want to read more about this this article uses plain English :)
en.wikipedia.org/wiki/Offer_and_acceptance

here is an example: all our staff has the following "The use of any of our services indicates an agreement and full understanding of our terms and conditions: www.bostico.co.uk/terms-conditions.htm
If we are the last ones to email the customer, then it's our terms.
Since I just passed my Contract Law Exam, I feel knowlegeable.
The other way around it, is to get a booking/order form with payment terms on it and ask the client to sign it and tick number of days.
I always put:

30 days 0%
45 days 10% Surcharge
60 days 20% Surcharge
This way it's all black and white. No form, no order!

Andreea Bostan

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11 years 9 months ago #903 by ajbcad
Replied by ajbcad on topic Re: Payment terms
Many thanks for your reply Andreea, it's a great help. And congrats on your exam pass.

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11 years 9 months ago #907 by David J
Replied by David J on topic Re: Payment terms
I'll send that!

I modified you link to the terms and conditions to make it work correctly.

If you search for 'battle of the forms' or battle of contract' you will find plenty of information

Regards

David

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