• Non-payment by client

I wish to avoid non-payment by clients purchasing our products or services. Require advice on drafting agreements which legally binds the client to pay us for our services rendered.
Asked 3 years ago in Business Law

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16 Answers

Need to make MOU in the conditions format that payment should be paid within a stipulated time. Which will be fixed by both the parties.

And you can take advance cheque or EMI type installment a mandate form by his bank.

Ganesh Kadam
Advocate, Pune
12418 Answers
192 Consultations

4.9 on 5.0

1) the contract should contain a clause that in event payment is not made within 15 days interest  would be charged at 12 per cent per annul 

 

2) there should be arbitration clause for resolution of disputes 

 

3) get agreement vetted by lawyer

Ajay Sethi
Advocate, Mumbai
89022 Answers
6344 Consultations

5.0 on 5.0

Even if you legally blind non Payment can't be avoided. You can at the most include interest on the same

Prashant Nayak
Advocate, Mumbai
28054 Answers
93 Consultations

4.4 on 5.0

If you do not trade on credit then there is no scope for non payment by your clients customers.

2. however there is hardly any trade which is not done on credit.

3. No agreement is fool proof which would cut short the remedy to recover your dues.

4. So only option is to avoid the business on credit or restrcit the credit to bare minimum. 

Devajyoti Barman
Advocate, Kolkata
22515 Answers
407 Consultations

5.0 on 5.0

The agreements should comtain clauses in how you would like the clients to pay. You can take advance and also can put it down as to what would be the effect of non payment.

Regards 

Rahul Mishra
Advocate, Lucknow
13845 Answers
65 Consultations

5.0 on 5.0

Mention time schedule for payment and interest for delay in payment. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

These are complex agreements and are very important for your business transactions. Any lacuna in the documents may result in heavy cost to you when there will be dispute. so better consult a local lawyer. 

Mohammed Mujeeb
Advocate, Hyderabad
19032 Answers
32 Consultations

4.5 on 5.0

You should get a a contract drafted by a lawyer which should be executed by both the parties and notarized which would enable you to use the contract in court in case of non payment by the client.

Feel free to contact if you need legal assistance and drafting it.

Siddharth Jain
Advocate, New Delhi
6080 Answers
101 Consultations

5.0 on 5.0

See a sale of goods/ service agreement can be prepared mentioning payment terms and mode and advance amount. 

The agreement should be containing the details of the PO and payment terms for the client. 

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1.  EVEN "IF" coercive agreements are drafted which mandates your clients to make payments, AND if the client still defaults, THEN ultimately to recover the payments, you would still have to go to the Civil courts & file Recovery petition.

2. Instead try Pre-Paid services, via Bank transfers (NEFT, RTGS, IMPS) or other payment gateways.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Hi,

 

An agreement can be drafted wherein a specific clause for payment can be defined based on the terms agreed and sanctioned by you. For drafting the said agreement, I need to understand your business and based on that agreement can be drafted to enforce the payments by clients on time. 

Aman Shrotriya
Advocate, Rajkot
21 Answers

4.8 on 5.0

There`s no guarantee if not default by clients, but this can be managed in effective manner by including dispute resolution clause.

And dispute except shall be subject to Arbitration, Arbitrator will be Mr.Mrs. X, expanses of arbitration shall be bone by client, place of arbitration will be your city.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Insert a clause of recovery of Interest and compensation in case of delay of payment.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

This is my response to you:

1. You must lay down the details regarding the payment;

2. You may add a schedule in the agreement displaying that how and when the clients are going to make payment;

3. You can also add a penalty clause if default of payment;

4. You can also add arbitration clause to get faster results;

5. Consult a local lawyer and take steps.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

I would be able to help you.  

Prafulla Paranjape
Advocate, Pune
27 Answers
6 Consultations

4.9 on 5.0

You can get an agreement written through a lawyer with all the terms and conditions that you would like to impose in the agreement for the customers and bind them in the legal bondage after purchasing the product when they fail to return the money.

T Kalaiselvan
Advocate, Vellore
79184 Answers
1611 Consultations

5.0 on 5.0

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