• Visitors can check out the Forum FAQ by clicking this link. You have to register before you can post: click the REGISTER link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. View our Forum Privacy Policy.
  • Want to receive the latest contracting news and advice straight to your inbox? Sign up to the ContractorUK newsletter here. Every sign up will also be entered into a draw to WIN £100 Amazon vouchers!

Contract Clauses

Collapse
X
  •  
  • Filter
  • Time
  • Show
Clear All
new posts

    #11
    So guys, here are the latest updates:
    []: My thoughts..
    1. Invoicing/Payment frequency (I wanted it to be weekly, the contract says monthly):
    "We cann't do it."
    [I know. You cann't do anything right, you good-for-nothing t**s].
    "It would cost us a fortune to maintain a weekly payment system".
    [Why not make it more cost-effective then, paying once every leap year].
    "BTW, what do you need the money early for"?

    2. Professional Idemnity Insurance cover (I don't have one, and haven't got the time to get one before the start date. As a matter of fact, I'm not sure if I want it, at this stage):
    "We are happy if you can organise the insurance with your accountant and ask them to backdate it. There aren’t any problems with this as long as you agree to get the insurance in place."
    [2.1 First, would it be legal to backdate?
    2.2. Would I not be in breach of contract at the time of signing, if I do it without an insurance policy in place? (Note that at the time if signing, I haven't got such a cover).]

    3. The termination clause modified as follows:
    "XXX shall be entitled to terminate this Agreement on giving to the other not less than one week's written notice during the first month of this Agreement and thereafter not less than one month's written notice.
    The Supplier does not have the right to terminate this agreement.
    XXX shall have the right to terminate this agreement immediately by written notice to The Supplier served by XXX no later than 30 days after the commencement date of this agreement if, in thereasonable opinion of XXX, The Supplier and/or any of their representatives (The Consultant(s)) fail to
    provide The Services to a satisfactory standard. The Supplier is unable to give notice to terminate this agreement."
    [Aren't the first statement "one week's written notice during the first month.." and later "..immediate termination no later than 30 days after the commencement.." conflicting each other????? ]

    4. The clause specifying that the supplier (myco) has identified the personnel for the job, remains, but the first page of the contract modified to: "consultant's name: explorer, or any other consultant as agreed in writing by XXX", on my insistence.

    5. Twelve month hand-cuff clause modified to six months, with a verbal warning that you WILL need to go through us, even after the six-month period. .

    6. Nothing much has been changed on the two clauses specifying "XXX‘s liability to pay The Supplier is conditional on XXX receiving and being
    entitled to receive full payment for the relevant period from The Client", even after a 36 min long conversation on the issue, at different levels, and a verbal confirmation by them to modify it. One of these clauses has been left untouched, and the other one has been modified slightly, only to sound more stupid, as I read it.

    What da ya say, guys? And thanks, once again, for all your opinions
    Last edited by explorer; 22 September 2009, 19:06.

    Comment


      #12
      (1) - I agree with the agent. If I had to e.g. pay my gas bill every week it would be rather annoying. And I would be wary about taking on a supplier whose cash flow was so dicey he needed paying every week.

      (2) - what insurance company in its right mind would backdate a PI policy? Just go ahead and get one. You can probably arrange one over the phone to start tomorrow. I use Caunce O'Hara (because they are the only ones I've ever heard of actually paying out) - give them a call.

      (3) "[Aren't the first statement "one week's written notice during the first month.." and later "..immediate termination no later than 30 days after the commencement.." conflicting each other????? ]"
      -yes, and as I've hinted before that clause is very badly written. I think the no notice part would apply, a fortiori.

      (4) I think that's an improvement. Best also to agree the process for this "agreement in writing" beforehand to make sure there is actually some intention of honouring it.

      (5) nice one.

      (6) Either keep pushing, or don't opt in to the agency regs, in which case you don't have to worrk because they can't make it conditional.

      Comment

      Working...
      X