T&Cs ELABORATION

[martysparky]

I'm wondering if there is a regulation for T and C's

There has been stuff here for STANDARD t and c's

What if you want to elaborate on this and write your own?

When I went to business school the law teacher said a contract can be anything written and signed.

I hazard a guess that it all boils down to fair trading. e.g addmin charges ect.

extract
[FONT=&quot]1. [/FONT][FONT=&quot]Work time duration: [/FONT][FONT=&quot]The company shall endeavour to carry out the work in accordance with the dates specified on the estimate or quotation, or if no dates are specified, within a reasonable period of time. However, the company cannot be held responsible for any losses, damage or increase in cost due to delays beyond the control of the company. [FONT=&quot] If agreed dates are set the labour costs of that time duration will be chargeable. Charge will include, not exclusively, the client refusing the work to commence without a two week notice or postpones work/s in that given time for any unforeseen circumstance. If the client delays work/s extending the work time duration agrees this will be chargeable at the usual day rate. [/FONT][/FONT]


Anyone clued up in this area?

My thought is if a client does not pay but has not disputed the work they are forcing credit what can you and can you not put in the T and Cs as protection..

 

[rocker]

From what I know, while you can get someone to sign their name to anything, certain thins aren't going to stand up in court if it gets that far. For example, I have a clause in my contracts that until payment is recieved, all work and parts of the installation worked on or provided remain my property, and that I am allowed to retrieve these in the event of non payment. In real life, though, there is no way I could walk into somebody's house and start ripping parts of their installation out, as I am not a registered debt collector. However, I probably could get a debt collector to collect the debt for me, as we have a contract saying so. Another one is a guarantee on work - you can write that you only give, I dunno, 3 months or no guarantee at all, but I think that we are legally obliged to provide a year's guarantee. I always say that things like bulbs are not guaranteed (because customers never pay me for premium bulbs so why should I give them any guarantee), but if it went to court, regardless of what they had signed, I think the beak would have to gently remind me that I have a legal requirement to provide some kind of guarantee.
I have written my whole contract from scratch (based on a standard contract) and continually add to it whenever I get an arsey customer who reminds me exactly how petty people can be. I know from my musical days, however, that a real contract, at least when dealing with people, royalties etc, has to be drawn up by a solicitor. Dunno if that applies here though.

These are all just musings by me, aren't necessarily correct, and are not designed to be of any help whatsoever.

 

[martysparky]

Sounds like you think a little like me and I agree totally as thatt is what I do too.

3 months. A bit like the car industry.. But the law says a car has to last a reasonable time including the lenght of a finance agreement. If there is a prob though you know as well as \I do to get a garage to do anything takes about a year and a half. Usually the garage gets away with it because the customer gives up.

I would reply the the bulb issue.

I did not make the bulb sir I simply supplied it to the request of the client albeit it was installed by me I had no part in its making and thus have nothing to guarantee. If however I had not terminated it properly I am very happy to do so if the client can prove that they have not tampered with it.

just a bit of late night blerbbb..no exactly serious either.

How, if tested, could a guarantee be worthy and how can a client prove it was not tampered with. We don't use manufacturing or installation seals.
Just a thought...

And suddenly Good Will Jester springs to mind.....

I asked my PL insurer as they cover against non payment, and defend your contract, if they need to see my contract for that purpose and I cannot get any sense from them. A solicitor is probably the best option.

 

[martysparky]

Under Part P we have to offer a Warranty ELECSA provide this for its members I understand. If the client does not take this up does that mean that we have to uphold a 1 year guarantee although the client has refused to pay for such.

 

[bugsy]

Terms and conditions regarding the contract are an agreement between and the employer/ client and yourself,
if you both sign it it becomes a legal instrument.
Take a standard form of T& C's and modify it to exact requirements.

 

[martysparky]

If for example you had a clause of Late / non payment carrying a charge per day, lets say £10 per day, would that stand up in court?

If not, maybe it would still help persuade the client to pay after you bring attention to that detail.

Not that I would want to sting my customers as waiver is at the discretion of the company.

l

 

[bugsy]

If for example you had a clause of Late / non payment carrying a charge per day, lets say £10 per day, would that stand up in court?

If not, maybe it would still help persuade the client to pay after you bring attention to that detail.

Not that I would want to sting my customers as waiver is at the discretion of the company.



l

IF it was in your terms and conditions and you both signed a contract which quoted your terms and conditions yes.