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Agents and their duties.


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#16 Mike Nicholson

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Posted 13 January 2005 - 12:39 PM

Your contract is with the agent, not the client. The agent then has a contract with the client. Under UK law the agent is required to pay you within 30 days of you putting an invoice in (unless your contract specifies otherwise - in which case all I can say is don't sign one of them in future).

I put this on my invoices :

Payment to be made within 30 days of receipt of this invoice.
We reserve the right to claim statutory interest at 8% above the Bank of England base rate for late payment in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.


(also you can chage an extra admin fee of £70 up to a 10K invoice and £100 over that)

Doesn't necessarily always work and I've had a few arguments but at least it gives you a legal foothold should you need it.

Cheers

Mike

#17 Glenn Meyers

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Posted 13 January 2005 - 02:45 PM

In the contracting that I have done, I have seen the "Bad" contractors removed pretty quickly.
If it takes a company a month to figure out that a guy doesn't know sh*t from shinola, then they DESERVE what happens to them, in my mind.

Glenn

#18 Phil

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Posted 13 January 2005 - 03:23 PM

Good point Glenn. And remind me to never receive an invoice from Mike Nicholson Posted Image

#19 Guest_Guesty Mc Guest_*

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Posted 14 January 2005 - 11:29 AM

If it's every month, then yes, there's a definite problem.

I was only talking about the first month of employment.

Definitely agree with what Mike Nicholson said - putting a clause like that on the paperwork makes it clear what you expect and gives you a good strong legal platform.

#20 Phil

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Posted 14 January 2005 - 11:49 AM

But say for example you had that legal protection on your invoice, and the first invoice you submitted to your agent was not paid within the "30 days". Isn't the agent within his rights to say that he was not aware of these terms before the contract was signed ?

#21 Guest_Hadders Boy_*

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Posted 14 January 2005 - 01:05 PM

But surely Phil, the contract is signed well before the first invoice is produced. That argument is a non-starter. The best thing to do is as Mike N suggested and put your Payment Terms on the invoice but also make sure the agencies contracts states that payments will be made within the industry standard 30 days or else have them amend it BEFORE you sign it.

Personally I think Agents are an excellent form of service providers so long as they handle their businesses fairly.

#22 Mike Nicholson

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Posted 14 January 2005 - 01:31 PM

As it's UK law the agent should be aware of it. It's not something that needs to be in the contract unless you actually want to allow for longer or shorter payment periods. They don't get the option to whine that it wasn't in their contract.

Of course if they put in their contract that they pay after 90 days and you sign it you're stuffed ;-)

I'm sure Hadders boy knows a good agent ...

#23 Guest_Hadders Boy_*

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Posted 14 January 2005 - 01:55 PM

Quite right Mike!

And yes, if anyone is interested I can recommend a most excellent Agency...



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