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Contract opinions

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    Contract opinions

    the following is an extract from a contract between an agency and contractor (the company) dealing with payment oblibgations:

    3.
    PAYMENT
    3.1
    On receipt of a Contractor Timesheet Form and/or Expense Form, which has been approved and signed by an authorised representative of the Client, <insert agency name> agrees to pay the Company:
    (a) payments for the Services provided to the Client within the Standard Hours calculated in accordance with the Rate (calculated to the nearest quarter hour);
    (b) payments for the Services provided to the Client within any hours outside the Standard Hours calculated in accordance with the Overtime Rate or any rate agreed in accordance with Clause 2.2 (c) (calculated to the nearest quarter hour) ; and
    (c) payments for any reasonable travelling and other expenses PROVIDED THAT the Company produces the receipts and invoices for all incurred expenses.
    3.2 <insert agency name> shall not be obliged to make any payments in relation to any Contractor Timesheet Form or Expense Form or part thereof which the Client disputes unless and until the dispute has been resolved and only then in accordance with the terms which result from the settlement of the dispute.
    3.3
    Any payments to be paid in accordance with Clause 3 .1 shall be paid together with any VAT chargeable thereon if appropriate.
    3.4
    The Company should elect and notify <insert agency name> whether it wishes to be paid by either electronic banking or by cheque .
    3.5
    The Company acknowledges that in order for payment to be credited and available on the relevant Monday, it should ensure that:
    (a) an original Contractor Timesheet Form and Expense Form are submitted at the latest by 5.30pm on the Wednesday following the last week or part'of week worked. Facsimile copies of the Contractor Timesheet Form or Expense Form will not be accepted without <insert agency name>'s
    Payroll Department's consent; and
    (b)
    its bank details (including the name and address of the Bank or Building Society, name and number of account, sort code or reference number and VAT registration number, if
    appropriate) are submitted to <insert agency name> together with the first Contractor Timesheet Form and at times when such details change.
    3.6
    <insert agency name> shall use its reasonable endeavours to rectify any mistake in payment within five (5) working days of being notified in writing of such mistake.
    With out me saying anything... when do YOU think the agency should be making payments?
    Coffee's for closers

    #2
    3.5 The Company acknowledges that in order for payment to be credited and available on the relevant Monday, it should ensure that:
    (a) an original Contractor Timesheet Form and Expense Form are submitted at the latest by 5.30pm on the Wednesday following the last week or part'of week worked. Facsimile copies of the Contractor Timesheet Form or Expense Form will not be accepted without <insert agency name>'s Payroll Department's consent; and
    It doesn't say !
    It depends upon how relevant Monday is defined. Is it?

    An assumption would be, it will be on the Monday following the Wednesday deadline for submission so that would be 10 (calendar) days after the end of the last week.

    But It does not say unless relevant Monday is defines somewhere

    Do I get a prize?
    Your parents ruin the first half of your life and your kids ruin the second half

    Comment


      #3
      Originally posted by MrsGoof
      It doesn't say !
      It depends upon how relevant Monday is defined. Is it?

      An assumption would be, it will be on the Monday following the Wednesday deadline for submission so that would be 10 (calendar) days after the end of the last week.

      But It does not say unless relevant Monday is defines somewhere

      Do I get a prize?
      Thats exactly how i would read it too... agency seems to think they can just pay me when they get paid by the client.
      No definition anywhere or at any time on when that relevant monday is. I'm threatening to withdraw my services until they pay me.
      Anyway - i'll see what tomorrow brings
      Coffee's for closers

      Comment


        #4
        Originally posted by Spacecadet
        Thats exactly how i would read it too... agency seems to think they can just pay me when they get paid by the client.
        No definition anywhere or at any time on when that relevant monday is. I'm threatening to withdraw my services until they pay me.
        Anyway - i'll see what tomorrow brings
        Unless i says otherwise so long as they stick to their side of the bargain, i.e it happening on a Monday then they can pay when they like, however you could argue in the absence of written instructions to the contrary, standard business terms of 30 days will apply.

        Comment


          #5
          I'm threatening to withdraw my services until they pay me.
          So who's going to suffer most ?
          Bear in mind as a contractor you're not entitled to strike pay.
          I'm alright Jack

          Comment


            #6
            Originally posted by BlasterBates
            So who's going to suffer most ?
            Bear in mind as a contractor you're not entitled to strike pay.
            If you do that I'd check that the gross misconduct clause in your contract still entitles you to any pay earned up until the date they terminate you (because they will if you with hold your services).

            Incidentally most contracts are worded such that any money earned but not already paid are forfeit if dimissed for gross misconduct.

            Comment


              #7
              what does it say on your invoice?

              At present, you would need to go to court to define "the relevant Monday". Odds are that the courts would rule 30 days from the date of invoicing, since this is standard business practice. You might get them to bring it forward if you could show that this agency normally pays on the following Monday.

              Either way, it's a pain in the ass and if you go down that route everyone is going to get hurt.

              I suggest that you amend your invoices to specify the exact date that payment is due (defining it as the relevant Monday), and write them a nice letter pointing out that you regard the timing of the client's payment to them as irrelevant (unless they are claiming a dispute), and reminding them that interest will be charged on overdue invoices.

              Then charge them interest on everything over 30 days, and read up on the small claims court procedures. Most agents are used to getting their own way over payment terms. However, the small claims court is your friend, and will sort them out good and proper.

              I wouldn't withdraw from the contract, but I might have a word with the client to explain the situation and ask them to have a word in the agent's shell-like.
              Plan A is located just about here.
              If that doesn't work, then there's always plan B

              Comment


                #8
                Originally posted by BlasterBates
                So who's going to suffer most ?
                Bear in mind as a contractor you're not entitled to strike pay.
                You're all too late, i needed these last night

                However, as I said to them.. petrol costs money and without being paid i've got no option

                They capitulated today and agreed to pay me immediately and will continue to do so for the rest of the contract.
                Last edited by Spacecadet; 9 May 2006, 19:00.
                Coffee's for closers

                Comment

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