Terms and condition unsigned but invoice attached in same email paid

[Tempest Financial]

Hi I need some advice on a problem I have.

So i sent out my invoice along with my terms and conditions.

My invoice was paid immediately, but I never got the signed terms back.

Now client does not want to pay my 2nd and 3rd month retainer despite the fact that it is detailed in the terms and conditions. These invoices are paid in advance so no additional work done yet.
My question is - Can i claim the remainder of the invoices in court based on unsigned terms, which was included on the same email as the invoice.

Thanks in advance for your help

 

[GRDCredit]

You can show that you sent him the T&C so I would say yes

 

[FirstClassVirtualOffice]

We do it so that they have to sign before we will send the invoice. In other businesses we have, where we take bookings, we say that payment is made by them on the basis they accept the T&C, which were attached with the initial booking form. Either way, you made them aware of the T&C and that if they pay to go ahead, it can't be said they were never made aware of the T&C plus you made it clear that their payment is on the basis they accept your T&C. if they don't bother to read what you write, or claim not to have, that's their problem not yours.

 

[Bob]

Aren't you supposed to agree the terms and conditions before performing the service or supplying the goods?

 

[Gyumri]

Hi I need some advice on a problem I have.

My question is - Can i claim the remainder of the invoices in court based on unsigned terms, which was included on the same email as the invoice.

You can't claim damages for breach of contract unless you have lost money

 

[kulture]

You can't claim damages for breach of contract unless you have lost money

Tell that to all those credit card processors who lock you into a 5 year contract with penalty clauses for leaving early. Tell that to mobile phone companies if you want to move before your contract ends. There is always a way to show you have lost money if a contract has been breached.

 

[obscure]

Early termination clauses (that you agree to) are totally different from suing someone for breach of contract.

 

[Ian J]

My question is - Can i claim the remainder of the invoices in court based on unsigned terms, which was included on the same email as the invoice.

An oral contract is legally binding so you could always sue (if you really have to) on the basis of a verbal agreement

 

[Bob Warwick]

What about if the person who is paying it (usually a credit controller) does not have the authority to agree to the terms?

 

[Alan]

They don't need to have signed the terms, the fact that you sent them is enough, unless they send a subsequent set of terms before the service / goods were delivered

 

[kulture]

This is a two year old thread. If you want to discus accepting contracts further start a new thread. I am locking this one.