gamblefish
Junior Member
Hi,
I am working in the UK however I don't think this issue is with UK law so much as it is with the terms and conditions of an agreement made. I recently entered a contract with a client (me bring the consultant) and things have haven't gone so well with the client (they have paid four out of five invoices late so far) as well as some other things. I want to get out of this agreement and looking at the terms and I think the best way out is to cite the late payment. I just want to be sure that I'm reading and understanding the clauses right in the terms and conditions). The terms and conditions I was operating under were taken from the Institute of management consultants standard terms and conditions. These are the relevant clauses:
8 Termination for Breach
The following obligations are conditions of this agreement and any breach of them
shall entitle the party not in breach to terminate this agreement by immediate written
notice and the rights and liabilities of the parties shall then be determined in
accordance with clause 9:
8.1 Failure on the part of the Client to make punctual payment of all sums due to the
Consultant under the terms of this agreement.
8.2 Failure on the part of the Consultant to remedy any breach of its obligations
hereunder within a reasonable time following written notice from the Client which:
refers to this clause; specifies the breach with full particulars; indicates how the
breach is to be remedied and specifies the Client's opinion of a reasonable time for
remedy.
8.3 The levying of distress or execution against the Client or the making by it of any
composition or arrangement with creditors or the presentation of a petition for the
Client's liquidation or bankruptcy or administration or the appointment of a receiver
over any part of the Client's assets.
8.4 The doing or permitting of any act by which the Consultant's rights in any intellectual
property may be prejudiced or put in jeopardy.
8.5 Any serious or persistent breach by the Client of its obligations hereunder.
9 Termination and Consequences
In the event of this agreement being terminated whether by effluxion of time, notice,
breach or otherwise and without prejudice to any other remedy available to the
Consultant the Client shall immediately pay to the Consultant:
9.1 any sums due under the terms of this agreement, and
9.2 in the event of termination by reason of sub-clauses 8.1, 8.3, 8.4 or 8.5, any further
sums which would but for the termination of this agreement have fallen due by the
end of the Consultant's engagement less a discount for any accelerated payment at
the rate of 5% per annum.
Any help would be mist appreciated!
~Gamblefish
I am working in the UK however I don't think this issue is with UK law so much as it is with the terms and conditions of an agreement made. I recently entered a contract with a client (me bring the consultant) and things have haven't gone so well with the client (they have paid four out of five invoices late so far) as well as some other things. I want to get out of this agreement and looking at the terms and I think the best way out is to cite the late payment. I just want to be sure that I'm reading and understanding the clauses right in the terms and conditions). The terms and conditions I was operating under were taken from the Institute of management consultants standard terms and conditions. These are the relevant clauses:
8 Termination for Breach
The following obligations are conditions of this agreement and any breach of them
shall entitle the party not in breach to terminate this agreement by immediate written
notice and the rights and liabilities of the parties shall then be determined in
accordance with clause 9:
8.1 Failure on the part of the Client to make punctual payment of all sums due to the
Consultant under the terms of this agreement.
8.2 Failure on the part of the Consultant to remedy any breach of its obligations
hereunder within a reasonable time following written notice from the Client which:
refers to this clause; specifies the breach with full particulars; indicates how the
breach is to be remedied and specifies the Client's opinion of a reasonable time for
remedy.
8.3 The levying of distress or execution against the Client or the making by it of any
composition or arrangement with creditors or the presentation of a petition for the
Client's liquidation or bankruptcy or administration or the appointment of a receiver
over any part of the Client's assets.
8.4 The doing or permitting of any act by which the Consultant's rights in any intellectual
property may be prejudiced or put in jeopardy.
8.5 Any serious or persistent breach by the Client of its obligations hereunder.
9 Termination and Consequences
In the event of this agreement being terminated whether by effluxion of time, notice,
breach or otherwise and without prejudice to any other remedy available to the
Consultant the Client shall immediately pay to the Consultant:
9.1 any sums due under the terms of this agreement, and
9.2 in the event of termination by reason of sub-clauses 8.1, 8.3, 8.4 or 8.5, any further
sums which would but for the termination of this agreement have fallen due by the
end of the Consultant's engagement less a discount for any accelerated payment at
the rate of 5% per annum.
Any help would be mist appreciated!
~Gamblefish
