Reply to: Time limit for submitting invoice

[Platypus]

Maybe if a contractor were hit by a car and spent 3 months in a coma, they'd be upset at not being paid when they were eventually able to submit their invoice.

A contract cannot override the law. The legal time limit is 6 years.

[WTFH]

Never let them have more of your cash than you're willing to lose...

And there we have pre-nup advice for Brillo.

[ladymuck]

I guess if you’re happy that should either the client or the agent go down the pan and you’ve not submitted invoices, then you won’t be listed as a creditor when it comes to dishing out whatever funds they have left.

GPWM

Completely forgot about that angle. Never let them have more of your cash than you're willing to lose...

[WTFH]

I guess if you’re happy that should either the client or the agent go down the pan and you’ve not submitted invoices, then you won’t be listed as a creditor when it comes to dishing out whatever funds they have left.

[NotAllThere]

It doesn't really matter if it's legally enforceable or not. They can put what they want in a contract. If he doesn't want to agree and sign it he doesn't have to.

It does matter. If it isn't enforceable, then it can be safely ignored, resulting in time and effort saved. If it is enforceable, then it needs to be negotiated away. I'd cross it out anyway.

Why would you forget to invoice? I've done it a few times, simply because I'm so flaming rich, I don't notice until I do the accounts that an invoice is missing. But seriously, it could happen and the agency trying to get away with not paying because of a genuine mistake is not on.

[WTFH]

Hi,

I have now had a second agency in a row that says invoices won't be paid if submitted after a certain date. I really can't see that being legal, is it? What would a court say?

Thanks

Why do you want to delay submitting invoices?

[northernladuk]

Legal basis? What does that have to do with it?
.

Because everything we don't like must be illegal silly.

[WordIsBond]

Is there any legal basis to this demanding of how you are invoiced? I've seen clients (not our industry) demand the use of an online system that the invoicer has to pay to use. Surely you do the work, you invoice, they pay?

Legal basis? What does that have to do with it? The client wants to run their business a certain way. If I don't agree, they don't have to give me the contract. If I do agree, I am ethically bound to abide by it if practical, whether legally compelled to or not.

If I like having repeat business with clients and I can comply with the way they like to do business (and in this case it's going to be to my advantage to do so 99.9% of the time), I'll do so.

What's "legal basis" have to do with it? The customer may not always be right but I'm certainly glad to let him be right on something like this.

If I don't like contract terms, I try to negotiate them away. If I do like them, I agree to them. If I agree to them, whether I liked them or tried and failed to negotiate them away, I'm less concerned with whether the client can legally enforce them than I am with making a reasonable attempt (and usually more than reasonable) to abide by them.

We're not employees defending our rights, we're business people building a business, and agreeing contracts. Despite what HMRC thinks.

[Lance]

Is there any legal basis to this demanding of how you are invoiced? I've seen clients (not our industry) demand the use of an online system that the invoicer has to pay to use. Surely you do the work, you invoice, they pay?

Why would legal have anything to do with it?

You agree Ts and Cs with a customer and then abide by those. If a customer/agency wanted to charge me for using their self-billing system or not get the job I have a decision to make. Arguing that it's not legal would be a fruitless exercise.
And even if it wasn't strictly legal all I'm going to do is risk losing a customer.

[pauldee]

I have a US client who insists on monthly billing with invoice within 30 days of month end or it will not be paid. I agreed on the condition that they pay the thing within 15 days of receipt.

Is there any legal basis to this demanding of how you are invoiced? I've seen clients (not our industry) demand the use of an online system that the invoicer has to pay to use. Surely you do the work, you invoice, they pay?

[DevUK]

go back to mumsnet then.

Ye - excellent, that. Everyone's in hysterics at that one.

[BR14]

Nope, again - missed my point.

It seems like CUK, at times, is unable to have a more relaxed discussion.

go back to mumsnet then.

[DevUK]

I think your point was don't post unless you have something helpful to offer. Is that correct?

If so, then why have you posted?

Nope, again - missed my point.

It seems like CUK, at times, is unable to have a more relaxed discussion.

[Lance]

Missed my point entirely......

I think your point was don't post unless you have something helpful to offer. Is that correct?

If so, then why have you posted?

[Lance]

Hi,

I have now had a second agency in a row that says invoices won't be paid if submitted after a certain date. I really can't see that being legal, is it? What would a court say?

Thanks

It's perfectly legal.
They can write that the moon is made of cheese in a contract if they like. It's up to you whether you sign or not.

Being legal doesn't mean it's enforceable though.
Not being enforceable doesn't mean that you wouldn't have right battle getting paid if you're stupid enough to breach a clause like that.


As for a court. If it ever got there, and you have no good reason for submitting an invoice late, I wouldn't rate your chances very highly. A judge does have leeway to make judgements based on the reasonableness of the involved parties. On that basis you need to be able to demontsrate that you've been reasonable.