How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jenny Your Own Question
Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6307
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
32019188
Type Your Law Question Here...
Jenny is online now

Can I add my terms and conditions of payment to my Invoice

Resolved Question:

Can I add my terms and conditions of payment to my Invoice and can I stipulate a due date and if it is not paid apply 8.5% late payment charge?
Submitted: 1 year ago.
Category: Law
Expert:  Jenny replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today. Are you saying that you wish to do this after the work has been done?
Customer: replied 1 year ago.
Hello. The terms and conditions are on my website. But any further invoices sent can I add my terms and conditions to my invoice itself and make it clear about late payments incurring a percentage late payment charge on the due date I set myself?
Expert:  Jenny replied 1 year ago.
So to be clear are the late payment charges contained in your t's and c's and are these business to business or consumer contracts?
Customer: replied 1 year ago.
Domestic consumer. I'm run a construction company.
Expert:  Jenny replied 1 year ago.
Ok thanks, ***** ***** the late payment charges contained in the terms and conditions?
Customer: replied 1 year ago.
Yes on the website they are. Not on the contract itself.
Expert:  Jenny replied 1 year ago.
In contracts such as this you would be well advised to ensure that they are contained in the contract you send to the customer as well as being on the website. If the charge is on the contract and is reasonable then it is a term of sale and you can charge it. The only thing you need to be mindful of is that the charge is not excessive for the value of the product and you allow enough time to pay. Payment terms of 1 week for example may not be deemed to be reasonable. There will only ever be an issue if the customer fails to pay the interest in which case you would have to consider whether to take the customer to court over the interest. So to summarise, yes you may do this but ensure that the customer is aware of it by including it in the terms and conditions they sign. If you have any further question please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
Customer: replied 1 year ago.
Sorry can you explain Why is one week not reasonable amount of time. On what basis would this be proved unreasonable surely that is subjective? Its a very long time really, if you knew you were getting the work done you should have the funds in place would this not stand up in court? To be honest i'm looking to water tight my T&C because despite whats on TV about Cowboy builders 90% of clients are nightmares for paying on time and we want to put in place the deterrents.
Customer: replied 1 year ago.
one more question, can the T&C be updated during the contract if it states on the on the contract that the Terms and conditions may be revised at any time?
Expert:  Jenny replied 1 year ago.
Hi in the circumstances you describe a week may in fact be deemed to be reasonable, the general point is that the longer the period the more likely the courts will deem you are being reasonable. I think that a term allowing you to change terms in the middle of the contract would fall foul of the Unfair Contract Terms Act particularly if it were to the detriment of the consumer. In a nutshell any term a term which causes a 'significant imbalance in the parties' rights and obligations to the detriment of the consumer' will be regarded as an unfair contract term and will not be enforceable.
Expert:  Jenny replied 1 year ago.
Hello is there anything further you would like to know about this as I can see you have not yet rated my answer which is an important part of the process?
Customer: replied 1 year ago.
OK thanks for your information. So if 7 days is given and a due date stipulated and on my T&C it is clear an 8% charge will be applied for late payment this is acceptable?
Expert:  Jenny replied 1 year ago.
Yes that is correct. All the best with it.
I would be grateful if you would now take the time to rate my answer. Thank you and all the best.
Jenny and 2 other Law Specialists are ready to help you

Related Law Questions