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  • Legal Advise

    Dear Bros and Sis,

    Currently i have a company doing some engineering parts, so the credit terms im giving my customer 30days credit terms, things were pretty alright till this recent order where they ramped up their order 6 times more than normal, its been 40 plus days and till no one has gotten back to me on the payment yet.

    Due to the high cost of the products, now my supplier is chasing for payment so I LL have to pay up first. If i were to take legal action, would the purchase order serve as a proper agreement???
    Check out my Amateur Watch Blog @ http://parte-di-tempo.blogspot.sg/



    tsetse the fly hard to make more $$$ so can buy more timepieces

  • #2
    Originally posted by tsetse View Post
    Dear Bros and Sis,

    Currently i have a company doing some engineering parts, so the credit terms im giving my customer 30days credit terms, things were pretty alright till this recent order where they ramped up their order 6 times more than normal, its been 40 plus days and till no one has gotten back to me on the payment yet.

    Due to the high cost of the products, now my supplier is chasing for payment so I LL have to pay up first. If i were to take legal action, would the purchase order serve as a proper agreement???
    did u send ur customer any quotation before starting to delivery the order?if so did ur customer sign and chop and fax/email u back?

    if u did have a quotation fax/email to them,did u include the payment term in the quotation?

    if so,u're covered under the law as far as i know & as long as they acknowledge ur quotation the agreed to ur T&C then u're quite safe.hope this helps
    累了才放慢脚步; 错了才想到后悔;苦了才懂得满足;伤了 才明白坚强; 醉了才知道难忘 ; 笑了才体会美丽!

    是否我沉默了,你才能听到我的心声?是否我停止了,你才能看到我的眼泪?是否我心碎了,你才会摸到我的心痛?是否我消失了,你才会知道我的存在?

    Comment


    • #3
      Originally posted by illusion84 View Post
      did u send ur customer any quotation before starting to delivery the order?if so did ur customer sign and chop and fax/email u back?

      if u did have a quotation fax/email to them,did u include the payment term in the quotation?

      if so,u're covered under the law as far as i know & as long as they acknowledge ur quotation the agreed to ur T&C then u're quite safe.hope this helps
      Yes i did send them an official quote and all correspondence were all via emails. Btw the boss "promised" payment this thursday. Hopefully they pay up.....

      Thanks for the advise bro!
      Check out my Amateur Watch Blog @ http://parte-di-tempo.blogspot.sg/



      tsetse the fly hard to make more $$$ so can buy more timepieces

      Comment


      • #4
        Originally posted by tsetse View Post
        Yes i did send them an official quote and all correspondence were all via emails. Btw the boss "promised" payment this thursday. Hopefully they pay up.....

        Thanks for the advise bro!
        good luck bro,just remember to keep all the correspnd between u and them just in case they decided to sell roti prata.all the black and white will help u and speed up ur case if it ends in a lawsuit.cheers bro.
        累了才放慢脚步; 错了才想到后悔;苦了才懂得满足;伤了 才明白坚强; 醉了才知道难忘 ; 笑了才体会美丽!

        是否我沉默了,你才能听到我的心声?是否我停止了,你才能看到我的眼泪?是否我心碎了,你才会摸到我的心痛?是否我消失了,你才会知道我的存在?

        Comment


        • #5
          Ah, no legal opinion bro, but from business point of view, I would give benefit of doubt and credit term leeway for a customer that increased their order 500% (as long as no suspicious communique, unusual change of procedure, etc)... $0.02!

          Comment


          • #6
            Originally posted by illusion84 View Post
            good luck bro,just remember to keep all the correspnd between u and them just in case they decided to sell roti prata.all the black and white will help u and speed up ur case if it ends in a lawsuit.cheers bro.
            Thanks alot for your advise bro!

            Originally posted by H2F View Post
            Ah, no legal opinion bro, but from business point of view, I would give benefit of doubt and credit term leeway for a customer that increased their order 500% (as long as no suspicious communique, unusual change of procedure, etc)... $0.02!
            Cos normally they pay up before the 30 days is up, this time round no sound no picture, call dun pick up, pick up liao give some funny excuses...thats what got me worried...sighs...

            Anyways thks for your advise too!
            Check out my Amateur Watch Blog @ http://parte-di-tempo.blogspot.sg/



            tsetse the fly hard to make more $$$ so can buy more timepieces

            Comment


            • #7
              One of the most important documents that should be signed by the customer is the delivery note or invoice. This proves that they accepted delivery of goods.

              It would also be good if that signed document also contained all the terms and condition of the sale.

              Comment


              • #8
                Running a business is never easy, usually you should try the soft approach talk to the people that gave you the order, easier for them to talk to their accounts department.

                Normal procedure their accounts would say they did not receive your invoice and would ask you to prepare the CTC - Certified True copy for the to process payment which will take at least another week depending on their payment cycle.

                Be patient and be polite as you would not want to offend the people giving you business.

                Cheers.

                Comment


                • #9
                  spend a little bit of money and get professional legal advice...

                  having signed delivery documents means nothing when you find out the company receiving your product has been wound up...

                  similar cases has happened where customers suddenly put in a bigger than usual order, and the suppliers thinking nothing of it cos customers have been diligent paymasters, delivered the goods and the customers simply disappeared into thin air...

                  that's why most companies exercise due diligence when faced with such situation... normally, customer's latest tax filing is needed to calculate risk exposure... and then decide whether to fill the order...

                  if decided to fill the order, exposure can be further minimised with partial upfront payment (the amount can be set to cover own supply expenses)..

                  Comment


                  • #10
                    Thanks to all bros for the advise!!
                    Check out my Amateur Watch Blog @ http://parte-di-tempo.blogspot.sg/



                    tsetse the fly hard to make more $$$ so can buy more timepieces

                    Comment


                    • #11
                      unusual surge in business orders are usually rings alarm bells for me especially like 6 times more.

                      it does not matter whether you give 30 days or 60 days. the company i work for has customers who pay u after 60 days despite being granted 30 days.

                      even if the invoice bears the delivered intended name, address with credit terms stated and the penalty of 3% charged daily after exceeding said credit terms, you can be left to rue your losses especially if the company is PTE LTD.

                      any company boss can say my name and reputation is worth so much in the industry. but when the time comes to push, they can just say sue my company lor, it is a PTE LTD.

                      my advise to you is simple. when dealing with any company, do a company search and see who the shareholders are. if you want to take an extra step further, check out the individual credit worthiness. if they have been sued or blacklisted, you know what to do.

                      if you do not want to take the above precautionary step. another way is to ask for up to 50% deposit upfront for unusual surge in order patterns. at least there is some form of payment which may lower your losses if anything goes bad. if the boss say aiya, i have been prompt with my payment previously so why cannot give me goods first, i pay later. you say it is my company unwritten policy to ask for upfront deposit for unusual surge order payments. then say, if your company is not PTE LTD, then easier mah. you can even tell him that nothing is certain. last time where got flooding issues in sg within 1 month. u say nothing is certain. so in order not break a good working relationship, why not do this and that.

                      Originally posted by tsetse View Post
                      Dear Bros and Sis,

                      Currently i have a company doing some engineering parts, so the credit terms im giving my customer 30days credit terms, things were pretty alright till this recent order where they ramped up their order 6 times more than normal, its been 40 plus days and till no one has gotten back to me on the payment yet.

                      Due to the high cost of the products, now my supplier is chasing for payment so I LL have to pay up first. If i were to take legal action, would the purchase order serve as a proper agreement???
                      if you have issues with your account, click here for self help and read forum rules here. 90% of your answers can be found in Forum FAQ

                      i DO NOT respond to any pm regarding account issues

                      kindly email with
                      1. subject heading indicating your issue
                      2. your nick
                      3. your corresponding email address
                      4. state what you were trying to do and what the system prevented you to do


                      if you receive no response in pm or email, it means your answers can be found in the Forum FAQ here

                      your kind understanding is very much appreciated.

                      disclaimer : all opinions expressed are personal

                      Comment


                      • #12
                        Hey bro, hope you can get the payment soon...

                        Comment


                        • #13
                          Thks to all bros for the kind advise!
                          Check out my Amateur Watch Blog @ http://parte-di-tempo.blogspot.sg/



                          tsetse the fly hard to make more $$$ so can buy more timepieces

                          Comment


                          • #14
                            Like triton mentioned, running a company search is the best option for limiting your losses. It gives you information about the company, and the those involved.

                            For large order, its always best to be cautious, as it may be a sign of things to come. Also if the company has a history of poor payment; that is an additional warning sign too
                            [U]Currently wearing[/U]:
                            [SIZE="1"]TT Datejust with diamond dial - sold!
                            Blue 6694
                            Seiko SD-lookalike[/SIZE]
                            [U]"My collection"[/U]:
                            [SIZE="1"]Blue 6694; TT DJ w diamond dial.[/SIZE]

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                            • #15
                              Thanks to all bros for the advise !

                              Today met up with my customer and he passed me the cheque, the problem with this project is monetary value pretty high but profit margin very narrow, the financial outlay risk is very high, and due to my partner and me wanting to get future projects from this customer, we decided to take the risk....

                              Im praying hard the the cheque can clear by 2pm morrow. If it clears then I can keep my 320 liaoz!

                              Really glad to have fellow bros giving advise and helping out in this matter! Its a great forum and Im really glad that I joined this forum!

                              Maybe we should organise a meetup for supper or chilling out session and have a good discussion bout watches and get to know each other!

                              SG ROC is great! Yeah!
                              Check out my Amateur Watch Blog @ http://parte-di-tempo.blogspot.sg/



                              tsetse the fly hard to make more $$$ so can buy more timepieces

                              Comment

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