Originally posted by TheFaQQer
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Payment schedule included in contracts
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'CUK forum personality of 2011 - Winner - Yes really!!!! -
Originally posted by northernladuk View PostWould you turn down the work if it wasn't? Not being a bumhole, I am genuinely interested. I wouldn't after a bit of research in to the size of the company, client base etc and the risk seemed managable.Comment
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Originally posted by TheFaQQer View PostI wouldn't sign without knowing what the payment terms are. I've never had a problem with whatever payment terms were being offered - but I would want to know what to expect! If necessary, I'd explain this to the client.'CUK forum personality of 2011 - Winner - Yes really!!!!Comment
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Originally posted by northernladuk View PostBut he has already said that the payment terms come in the welcome pack. this isn't in dispute. It's the fact its not signed as part of the contract. Your original comment was you wanted it in the contract. Would you turn the work down if they refused to put it in the contract and just kept it in the mass printed standard welcome pack?
No - as long as I know what the payment terms are. I'd get the agent to put it in an email first - just email him and say "Hi X, Can I just confirm that the payment terms are weekly after receipt of invoice?" and get the response. Gut feeling then says that that would form an implied condition of the contract, if anything went wrong.
I can't understand why the agency can't just put a clause in that says that invoices will be paid "within 30 days of receipt of invoice" and tell the contractor that they aim to pay within the week.
I would suspect that by providing the details in writing with the welcome pack, it's akin to putting it in the contract itself anyway, but IANAL.Comment
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Originally posted by northernladuk View PostBut he has already said that the payment terms come in the welcome pack. this isn't in dispute. It's the fact its not signed as part of the contract. Your original comment was you wanted it in the contract. Would you turn the work down if they refused to put it in the contract and just kept it in the mass printed standard welcome pack?
- The agency doesn’t want treatment of fees to be legally binding? A ‘welcome pack’ is not a legally binding document.
- The agency wants to vary the fees at will
- The agency just wants to keep its options open (why?)
This wouldn’t fill me with confidence, and considering B&C’s reputation, it’s unusual for fees to be in a welcome pack. Does the contract at least reference the welcome pack? Probably not.
Also, if you’re a limited company contractor, for gawd’s sake you should behave like a limited company and insist on a proper contract (incl schedule of fees). It’s what a proper B2B arrangement should be.
Would I turn down the contract if they can’t put the fees in a contract schedule? Yes I probably would. It would probably end in tears within a short period of time, and then unlucky contractor is back to the drawing board."My God, it's huge!!"Comment
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Also, if you’re a limited company contractor, for gawd’s sake you should behave like a limited company and insist on a proper contract (incl schedule of fees). It’s what a proper B2B arrangement should be.
An agent such as B&C won't change this just because one contractor says he wants it in. The agents have the power of position here.. big style...
Instead of advising 'what should but never will' we should be thinking about that being the situation and how we can deal with it as it is. Would be much more help.
FaQQers comment for example is a very good one.. he said...
No - as long as I know what the payment terms are. I'd get the agent to put it in an email first - just email him and say "Hi X, Can I just confirm that the payment terms are weekly after receipt of invoice?" and get the response. Gut feeling then says that that would form an implied condition of the contract, if anything went wrong.
Maybe people could advise what their agents do. Maybe this is the defacto standard and we all sign up so storm in a teacup?'CUK forum personality of 2011 - Winner - Yes really!!!!Comment
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Originally posted by northernladuk View PostMaybe people could advise what their agents do. Maybe this is the defacto standard and we all sign up so storm in a teacup?Comment
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Originally posted by TheFaQQer View PostI've just checked the last four contracts that I've done and they all specified the payment frequency in the contract itself. Haven't checked them all, as some aren't in my email, but that's what I've had from small and large agencies alike.
My 'practical advice' would be: discuss it with B&C, hear their case, and then put the contractor's case to them. Just because B&C is a 'heavy hitter', it doesn't mean they won't listen. All my contracts have been with 'heavy hitters' and I haven't experienced the problem on this thread; perhaps because we had fair and open pre-contract discussions..."My God, it's huge!!"Comment
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