cpc

foreign contracts


 

Dear Sir,

 

I have entered into a Contract with a Party in London as under:

 

1)      THE ORDER FORM/CONTRACT WAS SIGNED BY ME & SENT TO THE PARTY IN LONDON ON 7th MARCH 2013 WITH A PRECONDITION  FOR PAYMENT TERMS TO BE AMMENDED AS PER MY REQUIREMENT WAS CLEARLY SPECIFIED BY ME IN THE MAIN BODY OF THIS SIGNED  CONTRACT FOR SERVICES TO BE RENDERED BY THE PARTY TO ME

 

2)      THE PARTY IN LONDON WITHOUT CHANGING THE PAYMENT TERMS AS STATED BY ME IN MY SIGNED ORDER FORM/CONTRACT HAS SIGNED THIS SAME ORDER FORM  & SEND IT TO ME FOR EXECUTION OF PAYMENT TERMS

 

3)      SUBSEQUENTLY THE PARTY HAS RAISED INVOICES ON ME AS PER MY PAYMENT TERMS BUT NOT AMMENDED THE PAYMENT TERMS IN THE SIGNED CONTRACT  & SEND IT TO ME QUITE LATE  WHEN I CANCELLED THE DEAL & INFORMED THEM THAT I WAS NOT INTERESTED IN THEIR SERVICES

 

4)      THERE IS A CLAUSE IN THE CONTRACT  IN THE EVENT OF CANCELLATION I WILL HAVE TO PAY 65 % OF THE CONTRACT VALUE AS CANCELLATION CHARGES

 

CAN YOU ADVISE ME WEATHER I AM LIABLE TO PAY THESE CHARGES WHEN THE CONTRACT HAS BEEN SIGNED BY BOTH THE PARTIES & THE PAYMENT TERMS MENTIONED IN THE CONTRACT SPECIFIES THAT THESE WILL BE AS DETAILED IN MY MAIL BUT THE CONTRACT HAS NOT BEEN AMMENDED FOR THE REVISED PAYMENT TERMS

 

 

AJIT MEHTA

 
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www.Mehnat.IN

Interesting question.

 
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BE/ LLM in Corporate Laws

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

 
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Advocate

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 

 
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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

 
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