I try to do Net15 (due in two weeks) mostly to let them arrange payment
twice a month…

Although I’d love to have “due on receipt” I’ve never had anyone agree to
that…

 

This one particular client only does Net30… We’ll see how they arrange that…
Ideally it would mean a check every month… But it might turn into a check
every week, but 30 days behind…

 

From: Rachel Foerster & Associates [mailto:[email protected]] 
Sent: Saturday, April 09, 2011 2:10 PM
To: 'Rich Silva'; [email protected]
Subject: RE: [EDI-L] <MISC> - To all Contractors out there

 

Rich, what’s wrong with payment terms of “due on receipt” – why do you give
them 30 days after receipt?

 

Rachel Foerster

847-872-8070

 

From: [email protected] [mailto:[email protected]] On Behalf Of Rich
Silva
Sent: Friday, April 08, 2011 11:35 AM
To: [email protected]
Subject: RE: [EDI-L] <MISC> - To all Contractors out there

 

  

Thanx Susan…

The prospective client and I are working through this…

I’ve worked with your idea as well… And that is one of my potential
“counters” if this really turns into a negotiation. The project, as
described could be broken down into three main deliverables.

But, currently, I’m still holding to my “Payment due 30 days after Invoice
received” (I’d actually prefer Net15, but hey…)

Rich

From: Susan Stecklair [mailto:[email protected]
<mailto:Stecklair%40ecommerce-inc.com> ] 
Sent: Wednesday, April 06, 2011 12:18 PM
To: 'Rich Silva'; [email protected] <mailto:EDI-L%40yahoogroups.com> 
Subject: RE: [EDI-L] <MISC> - To all Contractors out there

Hi Rich –

In the past I’ve had contracts with payments tied to deliverables, but was
able to divide them into Sub-Deliverables, such as Business Requirements
Documentation, Technical Mapping Spec completed, etc. that would trigger a
payment milestone. Therefore payments could be made throughout the 4
months or so that I worked on the project. I would also add that the
client has a set number of days to respond to the milestone, or it is
considered approved. It helped that the director knew me and was willing to
help with this. 

As people have already said, sometimes the contracts are written to place
too much of a burden on the contractors. One business wanted me to be
responsible for all costs associated with delays of the project regardless
of the reason for the delay. Another wanted me to absorb all their ASN
late-transaction penalties assessed by their customers forever. You just
have to laugh and walk away. Not all business is good business. 

Susan Stecklair

From: [email protected] <mailto:EDI-L%40yahoogroups.com>
[mailto:[email protected] <mailto:EDI-L%40yahoogroups.com> ] On Behalf
Of Rich
Silva
Sent: Wednesday, April 06, 2011 8:24 AM
To: [email protected] <mailto:EDI-L%40yahoogroups.com> 
Subject: [EDI-L] <MISC> - To all Contractors out there

Or those of you with Contracting experience… OK, any of you…. Feel free to
chime in…

A prospective client of mine (their lawyers anyway) have asked that I add a
clause to “Exhibit A of the Contractors Agreement” (Exhibit A, in their case
is basically the place where I put in my billing terms…) that goes something
like

“…payment is not due until testing has been approved and completed…”

I have a lot of issue with this, not only because it holds up payment on the
entire contract until the end (and I am in no condition to support that) but
because it also leaves me no leverage if they decide to withhold payment
(for any reason)… I’d have made my “deliveries” and its not like I could
“remove” them… (Other than legal).

Not to mention that “Now” I/we will have to negotiate and agree on
“Acceptance Criteria” which so far has been loosely “make it work”…

(For a bit of context, it’s a multi month contract… Currently labeled as a
“Phase 1” (of at least three)… And both sides (myself and my contacts within
the company) are hoping that this turns into a “long friendly relationship”…

I was curious if any of you have seen anything like this…

And if any of you have some alternative positions I might offer while I
negotiate around this issue?

Thanx, 

Rich

Description: Wizard Clip Art SigRichard Silva

Silva Software Services – United States

Phone: (310) 387-8364

Email: <mailto:[email protected] <mailto:RichSilv%40Pacbell.net>
<mailto:RichSilv%40Pacbell.net> >
[email protected] <mailto:RichSilv%40Pacbell.net>
<mailto:RichSilv%40Pacbell.net> 

ü Please consider the environment before printing this email.

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