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Query on clause inserted in marketing agreement

Querist : Anonymous (Querist) 10 June 2022 This query is : Resolved 
To
The respected fellow experts
In our Company agreement made with various buyers where our company sale products to them on credit . One clause inter alia states that "price for the goods sold to be paid within 15 days from the date of delivery of the products".
But it was noticed by our marketing department that within 2 to 3 days from the date of delivery the buyer/customer placed a new order without clearing the payment due for earlier order.Due to this our debtors balance increase significantly .
My queries are :
Can we insert any clause where a time gap (say 20 days from the date of delivery of products to customer) restriction between 2 orders be imposed. So that payment due on previous order will released before accepting the new order from customer ?
and
If payment is due from customer for earlier order can the company refuse to accept subsequent order from that customer ? Although there is no such clause in the agreement.
Regards
Abhijit
P. Venu (Expert) 10 June 2022
This is more of a commercial than a legal query.
kavksatyanarayana (Expert) 11 June 2022
It is not a legal query and no legal issues in your query. But you shall amend the articles of the company. Consult a local CA/CS.
Dr J C Vashista (Expert) 12 June 2022
Yes, the terms can be modified with consent of other party for existing agreement(s).
You may put the same in fresh (new) agreements.
Querist : Anonymous (Querist) 13 June 2022
Sir,
I agree with the fact , that it is not actually a legal query.
However to take guidance from eminent experts of this panel i put this question in this website.
So thanks to all the senior experts for sharing their views.
Regards
Abhijit


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