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Commercial vs domestic


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I'm not sure term and conditions on an invoice can be in anyway legally binding.

 

Presumably the works already been completed when you send the invoice, so if the client is not happy to accept your terms what can they do? They can't ask you to not to carry out the work, so they are not given a chance to agree or disagree with your terms.

 

Any payment terms would need to be set out at the quote or estimate stage and you would really need to get some acknowledgement from them for it to be legally binding.

 

You are right, in that if they are not spelt out before the 'contract' is entered in to with no counter offer, then they cannot stand.

 

In simple terms, a solicitation for service is made and a bargain is struck. The provider has to offer terms, including description of service and payment terms ie what do you get, for how much and how to pay. If agreement is made, including just verbally, then the contract stands as is with no counter offer. If however, the client doesn't agree, then they make a counter offer and the bargain will be struck on their terms, unless you make a counter offer back again and so on.

 

Its a bit of tit for tat really when striking contracts, so you must be clear when stating terms. Note of advice, if a counter offer is made by the client that doesnt include an earlier point you wanted in, then it is their contract that is the last/most current and all other earlier contracts are void.

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Even if commercials do owe you money going over 30 days I'd still rather work for them, I would never work for domestics ever again, as they are a pain in the arris from day one. Indecisive at every point from time of booking quote etc, they don't know what they want ever and very often aren't happy to take advice, they get more quotes than you can shake a stick at, and very often take a long time to pay up. They simply arent happy to pay for tree work

 

Give me commercial work any day!

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I keep getting tender enquiries sent and I just turn them down. I read there terms and conditions off one firm who would pay me 75% of the bill on 90 days after the job is completed, then the rest when they are satisfied with the work. Well they can do one for a start.

 

 

Hodge

 

I've had no end of companys try that rubbish with me, they want 90 days etc ànd all sorts of silly stuff, im the boss of my company and I tell them NO you play by my rules! If not get someone else, I've never lost a company or quote because ive said no to silly demands

 

Terms and Conditions are very important when working with commercials, you mustn't let them dictate to you how you run your company.

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Just had my first commercial hedge and strimming job was told I would get a cheque then the directors away so I'll transfer the money out of the expenses account now it's gone off to head office to be paid been waiting two weeks I don't offer 30 day terms very angry.

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I agree with most of the above. Generally commercial takes longer to pay but the reward is bigger but at the end of the day cash flow is king. You can't pay the mortgage on promises so unless you have a decent cushion of cash in the bank then commercial could be a killer.

 

I have always played by the rule that if one client didn't pay me it wouldn't kill me. Yes I could have built a bigger business by taking more risks but what I have suits me perfectly.

 

My worst commercial experience was a student accommodation company who were building a new development and I got the site clearance work. All prices agreed and I had in writing they would pay 14 days after invoice. I invoiced them and got a cheque for 50% and a letter stating the remainder would be paid on full occupancy of the building in case of snagging (potentially 18 months!!). I called them and they told me they do it with all the builders/plumbers/sparkies in case of leaks/electrical glitches. I stated that the trees are hardly likely to grow back since you have ripped all the stumps out with a massive 360. It needed one of the directors to over ride the accounts department who just could not see beyond the rules sheet. I did get paid in full within 28 days.

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ANY new commercial job I take now, I ask for a deposit up front - never had one refuse so far.

 

Got taken for 50K when I was running my cleaning business, nearly lost my house, but survived thankfully by working my bleedin butt off, was a younger man then with a 3 children so just had to.

 

I am very fussy who I take on these days.

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I keep getting tender enquiries sent and I just turn them down. I read there terms and conditions off one firm who would pay me 75% of the bill on 90 days after the job is completed, then the rest when they are satisfied with the work. Well they can do one for a start.

 

 

Hodge

 

 

Cheeky Beggars :001_tongue:

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at least its only £6k we have had commercial customers owe us up to £80k at one time before and it really mucks you about. remember who is a bad payer and on the next quote put an extra bit on for the fact you have to chase them

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  • 4 weeks later...
I know what you mean Dean, I have sent out two invoices last week, one for £4,350+VAT and one for £6,600+VAT.

 

Neither is late yet, I hope they both pay within 30 days, but as you say most private clients pay on completion or with a day or two which is great!!

 

Well the smaller of these two invoices was paid promptly by cheque within the 30 days.

 

The other is being payed by bank transfer on Tuesday, according to the remittance advice I've received via email, although it is late the bank transfer is good as there is no waiting for the cheque to clear.

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