help needed

[markysparky]

I have been doing some work for a company doing shop re-fits the first job i did for them was back in December and went fine got paid on time. I normally require payment on completion as i am not a large company only a 2 man team but i agreed to 14 days. I then had to complete some additional works at the site which i did i am still waiting for payment for these works. They then asked me to do 2 more jobs which i agreed to do on the understanding i get paid what i was owed. I have competed 1 of the next jobs 2 weeks ago and am part way through the next and am still waiting for payment from the first job and the works in December so i have pulled of the job as i cannot stand the loss i have now received this


"I have just been informed that you are not attending the Thorpe site today to complete your 1st fix and 2nd fix as planned for today. The reason that I was given is that you stated to xxxx that you want payment of your current invoices, before attending site
You should also note that our standard terms are 60 days from invoice, as stated on our purchase orders.
It is totally unacceptable for you to withhold your services until this payment is received
As you have failed to comply with our agreed contract, we have no option, but to appoint another electrician to complete the project. We will have the new electrician create an estimate of the project as a whole based on the drawings you were given at the start and then request that he deduct an appropriate proportion for the work you have so far completed. For which we will pay you, minus any additional costs incurred as a result of you breaching your contract and not attending site today"


I have never and would never agree to 60 day from any one as i do not get these terms from any of my suppliers the most i have ever had is 30 days and the invoice are produced and sent the day after the works are completed . And i my terms i state that failure to pay will result in work being suspended so can they charge me for it.

Sorry to go on any advice would be appreciated
Mark

[KernowQueen]

i'd hazard a guess that you agreed (or thought you had) your payment terms with someone lower down the chain than whoever has contacted you now from head office/accounts? did you see a purchase order with the stated 60 days on it before you started work?

can you perhaps go back to who you'd arranged payment terms with in the first place & say there's been a mix up, can they help at all?

unfortunately, 60 days for payment is common practice now i'm afraid. just try to explain the situation, you might get a sympathetic response (but be prepared for 'like it or lump it' especially as you've not gone back to site).

[simon field]

I have been doing some work for a company doing shop re-fits the first job i did for them was back in December and went fine got paid on time. I normally require payment on completion as i am not a large company only a 2 man team but i agreed to 14 days. I then had to complete some additional works at the site which i did i am still waiting for payment for these works. They then asked me to do 2 more jobs which i agreed to do on the understanding i get paid what i was owed. I have competed 1 of the next jobs 2 weeks ago and am part way through the next and am still waiting for payment from the first job and the works in December so i have pulled of the job as i cannot stand the loss i have now received this


"I have just been informed that you are not attending the Thorpe site today to complete your 1st fix and 2nd fix as planned for today. The reason that I was given is that you stated to xxxx that you want payment of your current invoices, before attending site
You should also note that our standard terms are 60 days from invoice, as stated on our purchase orders.
It is totally unacceptable for you to withhold your services until this payment is received
As you have failed to comply with our agreed contract, we have no option, but to appoint another electrician to complete the project. We will have the new electrician create an estimate of the project as a whole based on the drawings you were given at the start and then request that he deduct an appropriate proportion for the work you have so far completed. For which we will pay you, minus any additional costs incurred as a result of you breaching your contract and not attending site today"


I have never and would never agree to 60 day from any one as i do not get these terms from any of my suppliers the most i have ever had is 30 days and the invoice are produced and sent the day after the works are completed . And i my terms i state that failure to pay will result in work being suspended so can they charge me for it.

Sorry to go on any advice would be appreciated
Mark

Hi Mark

This all sounds awfully familiar, my company also has had bad experiences with a shopfitting "outfit".

Would you be prepared to pm me the company name in case it happens to be the same lot?

All the best

Simon

[BusinessM8]

This is a situation that has cropped up for years but fortunately in the UK we have a legal system that operates on precedent - the 'rule' is simple and easy to understand: whichever 'side' (you as supplier or them as 'buyer') gave the most recent copy of their Terms & Conditions will have them deemed to be applied to the transaction.

If neither of you provided them then you have some options but you need to take some legal advice from a specialist - it seems to me that their stance amounts to blackmail - 'do the work now or else'. A good lawyer can advise you on what you may be able to do to 'prove' that and therefore to give you a 'winning hand' - threaten them with legal action from a position of strength as it were.