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Reply to: Equipment Clause

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Previously on "Equipment Clause"

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  • SueEllen
    replied
    No it's not useful.

    What is more useful is to have it detailed where your work locations are e.g. your company's offices or simply to have it state you can work where ever you decide. Then ensure your company's address is somewhere on the contract.

    To be fair there are organisations out there were contractors get their insurance from who can give you template contracts if you pay. Also be aware more clauses don't make a contract better if the contract is to come under the law of any UK jurisdiction.

    Leave a comment:


  • Henrik67
    replied
    Originally posted by WTFH View Post
    OK, you can believe what you want.
    It's the client, not the agent, who can say if you can use your own equipment or not when connecting to their systems.

    If the client will not allow you to use your own equipment, but you have it written in to your contract, then your options are to refuse to work for the client, stating your contract, or to breach your contract.
    If you choose to breach your contract then either you will need to draw up a new one with the agent - and hope that they don't decide to sting you for another 10% for wasting their time, or you need to hope the agent is incompetent enough not to spot you have breached it, and so they decide to pay you. But they could choose not to.

    Or, there's the fun twist on it - client agrees you can use your own equipment, but insists that they install software on it which controls and monitors what you're doing. That way your equipment is now tied to them, even if you use it for other clients, for other business use or for personal use.
    Thanks, they have mentioned I will use my own equipment, I wondered whether adding this into the contract would be useful or not - I am proposing a number of changes as the contract isn't IR35 compliant - given they are a Polish agency i dare say they don't give a toss..

    Leave a comment:


  • WTFH
    replied
    Originally posted by Henrik67 View Post
    I believed using own equipment was a Sign (small) of independence. Going through an Agency in Poland.

    OK, you can believe what you want.
    It's the client, not the agent, who can say if you can use your own equipment or not when connecting to their systems.

    If the client will not allow you to use your own equipment, but you have it written in to your contract, then your options are to refuse to work for the client, stating your contract, or to breach your contract.
    If you choose to breach your contract then either you will need to draw up a new one with the agent - and hope that they don't decide to sting you for another 10% for wasting their time, or you need to hope the agent is incompetent enough not to spot you have breached it, and so they decide to pay you. But they could choose not to.

    Or, there's the fun twist on it - client agrees you can use your own equipment, but insists that they install software on it which controls and monitors what you're doing. That way your equipment is now tied to them, even if you use it for other clients, for other business use or for personal use.

    Leave a comment:


  • Henrik67
    replied
    Originally posted by WTFH View Post
    1. Why do you want a clause saying that?
    2. Are you going direct with a client or will your contract be through someone else?
    I believed using own equipment was a Sign (small) of independence. Going through an Agency in Poland.

    Thanks

    Leave a comment:


  • elsergiovolador
    replied
    Originally posted by Henrik67 View Post
    Hi all

    Does anyone have suitable wording for a contract to show I will be using my own equipment? Also something that discusses specific deliverables?

    Thanks
    Martin
    Your personal equipment or equipment provided by your company?

    Things like laptops, phones or other things like that don't count.

    Leave a comment:


  • WTFH
    replied
    (Moved from General to Business/Contracts, although it might get moved back)

    Leave a comment:


  • WTFH
    replied
    Originally posted by Henrik67 View Post
    Does anyone have suitable wording for a contract to show I will be using my own equipment?
    1. Why do you want a clause saying that?
    2. Are you going direct with a client or will your contract be through someone else?

    Leave a comment:


  • Old Greg
    replied
    Originally posted by Henrik67 View Post
    How is this relevant?
    If you want relevant answers, I would suggest you post this in Business / Contracts or ask the mods to move this thread?

    Leave a comment:


  • Henrik67
    replied
    How is this relevant?

    Leave a comment:


  • Paddy
    replied
    Originally posted by Henrik67 View Post
    Hi all

    Does anyone have suitable wording for a contract to show I will be using my own equipment? Also something that discusses specific deliverables?

    Thanks
    Martin
    No deal ferry firm copied its terms and conditions from a takeaway | Daily Mail Online

    Leave a comment:


  • Old Greg
    replied
    Originally posted by Henrik67 View Post
    Hi all

    Does anyone have suitable wording for a contract to show I will be using my own equipment? Also something that discusses specific deliverables?

    Thanks
    Martin
    If equipment means laptop and phone, it's probably of limited use. If you need to supply your own gladiatorial equipment, radiator bleeding tools and/or chutney cutlery, then that may change things.

    For deliverables, Google 'Statement of work IR35' or similar.

    Leave a comment:


  • Henrik67
    started a topic Equipment Clause

    Equipment Clause

    Hi all

    Does anyone have suitable wording for a contract to show I will be using my own equipment? Also something that discusses specific deliverables?

    Thanks
    Martin

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