Missing invoice deadline

[BolshieBastard]

Interesting they have a contract clause that late submission is a material breach.

Hope you had the contract reviewed and had a similar clause put in saying late payment would be considered a material breach allowing you to go direct.

[Contreras]

If the Contractor submits any invoice more than 5 weeks after the date on which the services were rendered, ReThink will consider this a material breach of contract and will only pay the applicable Fees following payment by the Client.

...and was it? and if so have you opted-out?

Well, my invoice terms are 30 days. They're not going to pay me for 8 weeks. Do the maths...

The maths says interest will be charged in accordance with contract unless payment is received by the due date.

I would remind them of this in writing.

[northernladuk]

...and was it? and if so have you opted-out?



The maths says interest will be charged in accordance with contract unless payment is received by the due date.

I would remind them of this in writing.

I didn't think the opt out thing made a difference here. They are still paying him, he's just cocked up the monthly cycle so has to wait until the next one to be paid. Because he missed the cycle payment will still be 30 days from invoice so no interest will be due.

This all sounds pretty straight forward although a bit tight of them to me.

[SueEllen]

I didn't think the opt out thing made a difference here. They are still paying him, he's just cocked up the monthly cycle so has to wait until the next one to be paid. Because he missed the cycle payment will still be 30 days from invoice so no interest will be due.

This all sounds pretty straight forward although a bit tight of them to me.

He agreed the contract without understanding the payment terms.

[FiveTimes]

No, ReThink Recruitment.

My last gig was with ReThink and I found them somewhat a pain to deal with.
However don't they have an online portal for timesheets and then you just upload your invoice ?

[Contreras]

I didn't think the opt out thing made a difference here. They are still paying him, he's just cocked up the monthly cycle so has to wait until the next one to be paid. Because he missed the cycle payment will still be 30 days from invoice so no interest will be due.

This all sounds pretty straight forward although a bit tight of them to me.

Yes it's pretty straight forward... "what does the contract say?"

If the contract states 30-day payment from invoice then 30 days it is.

The agreed terms cannot be trumped by subsequently declaring an arbitrary billing cycle.

Opt-out may be relevant due to the paid-when-paid clause (for invoices late by >5 weeks).

[diseasex]

my agency is circle recruitment and they have very strict deadlines . for 1-30 sept the time sheet submission due is 1st October 12:00 , and invoice submission is 2nd October or something like that. if i missed it it would be breach of contract and they would pay me similarly to you so kinda watching these deadlines closely

[northernladuk]

Yes it's pretty straight forward... "what does the contract say?"

If the contract states 30-day payment from invoice then 30 days it is.

The agreed terms cannot be trumped by subsequently declaring an arbitrary billing cycle.

Opt-out may be relevant due to the paid-when-paid clause (for invoices late by >5 weeks).

Possibly and a very grey area. If the dates aren't specifically mentioned in the contract then the fall back will be associated agreements. If the agency have stated they do a monthly invoicing cycle and there is no mention of flexibility then that's that. It's monthly, miss a month it goes in next month. He's aware and agreed by starting work even though it's not explicitly in the main contract.

The massive grey area is if it hasn't been explained and there is an assumption there. At that point no one is in the right but no one is wrong and it's going to go on and on.

[MrMarkyMark]

Before agreeing to a contract you should negotiate the payment terms. My missus got hers reduced by 2 weeks, prior to accepting a contract, recently.

[yasockie]

Agencies adding value to the supply chain again - so glad I am going direct atm.