Foreign contracts

Interesting question.

You should have first got the contract amended then signed the contract. You cannot unilateraly amend the contract on your own.

sir,

1)  signing the contract is a with a precondition to amend the payment terms as designed by you .

2)  without fulfilling the the requirement as required by you in the contract agreement ,is not valid ,on the grounds of " principles of natural justice " .

3) u r complaint is sailent whether u executed the work , without amending the agreement as desired by you.

4) if the work has been taken up without insisting the amendment as drawn by you, is a question of law , can be argued either way .

5) How ever, execution of work by you, without harping on the amentment can also be on a good harmony of business relations with the party , to avoid the delay in completion of the final date ,if any, inanticipation of the amendment.

6) signing of the agreement by you is always a precontion subject to the accepting of amendment to payment terms to the contract.

7) ignoring the conditional clause as insisted by u , is a unilateral decision by the other party and always questionable in law.

8) the payment of 65% of the contract by you comes to the surface of the case ,only after sorting out the amendment issue as requested by you.

              In the light of the above, being a thread bearing and sensitiveness of the case , if deligent care is taken ,positive result may yield.

SUDHAKAR . RVS

ADVOCATE

HYDERABAD

9490165722 

Dear Mr. Kumar,

Yes you are correct  I signed the Contract & WROTE ON THE CONTRACT  against the Payment Terms that IT WILL BE AS PER MY MAIL. THE DIRECTOR OF THE PARTY  WITH WHOM THE DEAL WAS BEING DONE ALSO SIGNED THE SAME CONTRACT WITHOUT AMENDING THESE PAYMENT TERMS & WITHOUT ADDING ANY COMMENT ON THE SIGNED CONTRACT & THERE WAS A CANCELLATION CLAUSE THAT IS  WE BOTH HAVE SIGNED AN CONTRACT WHERE WE HAVE NOT AMMENDED THE PAYMENT TERMS & THE CANCELLATION CLAUSE WAS IN THE BODY OF THE CONTRACT . MY CONTENTION IS THAT

1) WE HAVE SIGNED AN INVALID CONTRACT

2) I WANTED ANOTHER AMENDED CONTRACT WITH THE NEW PAYMENT TERMS ACCEPTED & SIGNED BY THEIR DIRECTOR & SENT TO ME SO THAT MY SON WHO IS THE PROPREITOR OF THE CO CAN FINALLY SIGN THE SAME . I HAD SIGNED IN THE ABSENCE OF MY SON BUT THE FINAL ACCEPTED CONTRACT  WAS TO BE SIGNED FINALLY BY MY SON

3) A  UNAMMENDED CONTRACT IN THE BODY OF WHICH MY COMMENT IS WRITTEN CLEARLY FOR AMENDING THE PAYMENT TERMS CAN IT BE VALID FOR CANCELLATION CLAUSE & PENALTY

CAN WE TALK PERSONALLY ON PHONE ? I WOULD LIKE TO DISCUSS THIS MATTER & TAKE YOUR FINAL CONSULTATION WITH APPROPRIATE FEES TO BE PAID TO YOU

AJIT MEHTA

91-9324085158