Interested In Advertising? | Contact Us Here
Warning!

 

Welcome to Clean It Up; the UK`s largest cleaning forum with over 34,000 members

 

Please login or register to post and reply to topics.      

 

Forgot your password? Click here

dhnjj

  • Posts: 62
Contract Breach??
« on: November 16, 2004, 04:17:59 pm »
Hi everyone,

Can anyone advise on or relate to my current situation with a client (now ex client)

Got an email off one of my larger contracts on friday requesting a termination of our services with immediate effect. I thought ok, fine people change and stop services all the time. thing is they wished to terminate with immediate effect but my T & Cs clearly state 30 days written notice.
i havn't recieved payment for the past two invoices iv sent to them and oviously want to be paid for the service we carried out on these invoices niether have i applied any charges and never intended to apply any to them which are also in the T & Cs

does anyone know where i stand with regards to the 30 days notice they have failed to give me?

should i invoice them for the work we would have done in this 30 day time period?

Should i apply charges at base rate plus 8% for the outstanding invoices?

what reaction should i expect from them if i do ask for 30 days payment for loss of proffit?

or do i forget about it and just press for the due amount of the existing outstanding invoices?

hope this makes sence i know its alot to ask

Regards
Dave
Failure lies not with falling down.
Failure lies with not getting back up!

martin19842

  • Posts: 1945
Re: Contract Breach??
« Reply #1 on: November 16, 2004, 04:53:52 pm »
hi there,

the first thing i would have done is phond them up, to make an appt to see them first thing monday morning to discuss the whole subject.  and if you couldnt get through on the friday, would hae gone in on the monday.

it all depends how good your t and c's are, i know of cleaning companies that have gone to court and won, the notice period.

don tknow if this helps

regards

martin

Fox

  • Posts: 824
Re: Contract Breach??
« Reply #2 on: November 16, 2004, 04:59:33 pm »
Hi

First off you need to know why they have terminated your contract.  They may say that you are in breach of contract by not providing the service (to a certain standard) you have charged for.

If you know you have carried out the work to the agreed standard then your first step would be to communicate to the client that a contract was signed stipulating the termination clause.

If you are going to finish with immediate effect ensure the client knows that this is because they are not allowing you on site and that you as a Company are prepared to continue with the termination period.  

As for the outstanding invoices go through normal credit control procedure - send statement - call - issue letters and if necessary go through small claims.

You may find that they dispute your previous invoices and state poor performance but they have to have proof of communication with you to this effect and you have to show you have taken reasonable action to rectify any complaints.

Hope this helps
Fox

dhnjj

  • Posts: 62
Re: Contract Breach??
« Reply #3 on: November 17, 2004, 07:41:12 pm »
Thanks Martin and Fox

I did try to contact them but as usual to no avail which for this company is quite normal so email usually gives the quickest response. i believe that our contract was terminated due to a restructuring in their management team (basically new manager come in with different ideas and ways of doing things, iv done it myself in the past) also within the T & Cs i have a clause to say that all services shall be deemed to have been carried out  to the clients satisfaction unless written notice is recieved by me within 48 hours. its a good one to have if you havnt already got it. (not that iv had any complaints but its early days and im sure there will be some as no matter how hard you try some people just want a miracle)   ::)

Iv sent them a letter detailing how much they owe and also put in that as part of the T & Cs we will require payment for loss of proffit due to immediate termination of the services.

hopefully this will suffice but i will keep you updated

Thanks again

Dave



Failure lies not with falling down.
Failure lies with not getting back up!