Results 1 to 7 of 7
  1. #1
    Join Date
    Nov 2010
    Location
    London
    Posts
    625
    Rep Power
    15

    Who is the contract with?



    We have a contract to supply our customer with mini split ac systems which they have partly paid for but for months failed to make any further payments. So we put it through the county court. We thought the contract was with the person but this person has replied to the court that the contract was not with him but with his company. Do we just continue according to our original position? We first quoted another company of his a few months previous. We checked with companies house to see if we are getting thins right but it turns out the previous company was liquidated in the recent months.



  2. #2
    Join Date
    Apr 2001
    Location
    UK
    Posts
    2,119
    Rep Power
    26

    Re: Who is the contract with?

    Quote Originally Posted by DTLarca View Post
    We have a contract to supply our customer with mini split ac systems which they have partly paid for but for months failed to make any further payments. So we put it through the county court. We thought the contract was with the person but this person has replied to the court that the contract was not with him but with his company. Do we just continue according to our original position? We first quoted another company of his a few months previous. We checked with companies house to see if we are getting thins right but it turns out the previous company was liquidated in the recent months.

    I take it the contract was verbally formed and you did not provide for any paperwork or obtained any signature.

    On that basis I am assuming that you entered into a contract with a company. This is easy because , did you fit the systems at a place of business. How were you paid, were you paid by a cheque drawn on the company's name.

    If you fitted in a residential house and you were paid by an individual in his name , then it probably was that individuals.

    I would suggest to anyone working out there to establish who the person or company is that they are contracting with.

    If it works out that they are indeed a company, and they have gone insolvent. then you need to find out who the insolvency practitioner is. You are a creditor and will share the proceeds
    Any opinions, statements and facts expressed in this message do not constitute legal advice in any shape or form and is given for a general outlook in nature. You are advised to seek appropriate and specific professional assistance from a regulated and authorised advisor for definitive advice.

  3. #3
    Join Date
    Nov 2010
    Location
    London
    Posts
    625
    Rep Power
    15

    Re: Who is the contract with?

    Thanks Abe.

    The contract was written and addressed to the person and the persons address on the contract was his home flat address. Though after his name there was a reference to what we thought was his customer. When he gave the go ahead it was by email and he asked that the invoice be made out to his customer. So the contracts says

    Dear Mr Joe Blog
    Restaurant Name
    Mr Blogs Home
    Address
    Here
    with Post Code

    In the email he said make the invoice out to Restaurant Name (UK) Ltd which we did but we always thought we were in contract with Joe Blog and in the quote we used Restaurant Name as the reference in the address but we never used Restaurant Name (UK) Ltd in the address.

    We don't mind who he gets to pay for the air con supply and install we just expect to be paid so receiving a cheque from his customer who now it turns out was his own company was of no concern to us.

    What do you think?

  4. #4
    Join Date
    Apr 2001
    Location
    UK
    Posts
    2,119
    Rep Power
    26

    Re: Who is the contract with?

    You have contracted with Joe Blog, not the Restaurant.
    Did you retain a copy of the e mail ?
    Any opinions, statements and facts expressed in this message do not constitute legal advice in any shape or form and is given for a general outlook in nature. You are advised to seek appropriate and specific professional assistance from a regulated and authorised advisor for definitive advice.

  5. #5
    Join Date
    Nov 2010
    Location
    London
    Posts
    625
    Rep Power
    15

    Re: Who is the contract with?

    Quote Originally Posted by Abe View Post
    You have contracted with Joe Blog, not the Restaurant.
    Did you retain a copy of the e mail ?
    I hope you are right, Abe. We do have a copy.

    We are now inserting (Hereafter called the customer) in-line after either the persons name or the full company name depending on who the contract is intended to be with.

    We do understand that every contract must make clear who it is with, what is the price, what are the payment terms and what is the purpose otherwise it is not going to survive scrutiny from a judge.

  6. #6
    Join Date
    Apr 2001
    Location
    UK
    Posts
    2,119
    Rep Power
    26

    Re: Who is the contract with?

    You are welcome to send to me a copy of the original communication you had with your customer. I will scritinise it to make sure you have contracted with him.

    The way Im reading it is this person gave you an order, you fitted ac at a restaurant, and then he asked you to invoice the restaurant and not him, which you did.

    Im not sure what connection this person has with the restaurant, is he the owner, or a contractor. If he is the owner then you got a problem. If he is a contractor then you have a case
    Any opinions, statements and facts expressed in this message do not constitute legal advice in any shape or form and is given for a general outlook in nature. You are advised to seek appropriate and specific professional assistance from a regulated and authorised advisor for definitive advice.

  7. #7
    Join Date
    Nov 2010
    Location
    London
    Posts
    625
    Rep Power
    15

    Re: Who is the contract with?

    Quote Originally Posted by Abe View Post
    You are welcome to send to me a copy of the original communication you had with your customer. I will scritinise it to make sure you have contracted with him.

    The way Im reading it is this person gave you an order, you fitted ac at a restaurant, and then he asked you to invoice the restaurant and not him, which you did.

    Im not sure what connection this person has with the restaurant, is he the owner, or a contractor. If he is the owner then you got a problem. If he is a contractor then you have a case
    Thanks for the offers. We took him to be a contractor. We had quoted his other company once for something else but never got the work. That company we notice is now in liquidation. But when we quoted for these works we thought we were quoting him. Though we always knew the works would be done for the restaurant but we didn't pay much attention to his connection to the restaurant.

Similar Threads

  1. Tesco Contract for South London
    By Fridgy Dave in forum Supermarket Refrigeration
    Replies: 4
    Last Post: 02-11-2010, 10:36 AM
  2. LG in a Server Room - Compressor dead
    By Makeit go Right in forum Air Conditioning
    Replies: 47
    Last Post: 24-06-2010, 10:18 AM
  3. Coop/Somerfield contract
    By suctionheader in forum Chit Chat & Service Stories
    Replies: 0
    Last Post: 23-03-2010, 11:24 PM
  4. Looking for overseas contract.
    By micha1 in forum Chit Chat & Service Stories
    Replies: 5
    Last Post: 28-02-2007, 03:59 PM
  5. Maintenance contract
    By botrous in forum Legal-Business-Marketing
    Replies: 8
    Last Post: 30-04-2005, 10:29 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •