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S. Majumdar (N/A)     27 March 2018

Incomplete business deal

I accepted an offer from a person in UK to make a prototype of an  electronic circuit project. All conservation happened through email replies. No terms and conditions or contract were signed between us.

However I had to a sign an NDA which only mentioned that I needed to keep everything regarding this project a secret and also I should provide all the technical details to them if requested.

I signed this NDA.

After this the person told me to give an official invoice regarding the bill of materials and total cost of the project.

While preparing the invoice, I distinctly added a disclaimer message, that in case I failed to complete the job, I would not be liable of any refund except the labor charges.

On receiving the invoice, the person replied: 

"Well Noted", and then he proceeded and gave me the money.

I bought all the materials with valid invoices and sent the invoices to him, and started the work.

However after completing 70% of the job I realized that it was not possible for me to complete it, and I informed this.

The person threatened to file a complaint, and demanded instant refund.

Initially I tried to defend but then decided to refund but my Bank said you can't refund a foreign company from a savings account, and advised me to get the person's personal bank details and send the money as a "personal gift" to him.

When I informed this, the person refused and says it is your problem, send the refund to my company address or I'll proceed with legal actions.

Please help, what should I do?



Learning

 4 Replies

S. Majumdar (N/A)     27 March 2018

I cannot explain that because acording to the NDA I am not allowed to share the specifications of the circuit, it is an intellectual property of the company. By the way is it relevant to the issue?

KISHAN DUTT KALASKAR (Advocate)     29 March 2018

Dear Sir/Madam,

Since your case is complicated case as such I require documents and same may be send to my email/PM (personal mail) for detailed legal advise.

 

With regards,

Legal Expert

Kumar Doab (FIN)     29 March 2018

Your bank/banker has rightly advised you.

Regarding other aspects visit in person with all record a very able senior LOCAL counsel of unshakable repute and integrity specializing in civil matters and having successful track record and worth his/her salt…

Kumar Doab (FIN)     29 March 2018

Generically speaking; Mere mention in disclaimer may not necessarily absolve you…

Next time accept projects that you can handle and draw a proper agreement keeping LOCAL courts jurisdiction…

Your counsel as suggested above can help you on understanding finer nuances and also on agreement.

 


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