I
Ian T
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It's because people like you let companies get away with this kind of dirty trick that they keep doing it. And that's not productive at all.
and the site receives a small commission
Clients client didn't like the image, client can't pay me
- Thread starter petemc
- Start date
1) You're barking up the wrong tree, Ian: it's those companies/clients that are doing the not-paying. Not me.
2) I don't let anybody get away with not paying: I simply take care to not get into that situation and choose my clients carefully.
You must learn to carefully choose, and occassionaly refuse clients and gigs! It saves a loooot of hassle!
And with gigs of 2,000 €uros and up, they pay 50% down, or I won't even get out of bed. And the other half within a fortnight of completion/delivery, or they pay a credit penalty.
I
Ian T
Guest
Fair enough, I see where you're coming from.
Steep
Nutcrack Rapids
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Whoop-de-doo for mr perfect!
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Woah, those are very patronising comments there W.Smith.
Nobody is perfect, and you may be surprised to know - not even you, and I am certain you will at some point in your career, have to take a considerable slice of humble pie. I certainly don't wish this on you, and in actual fact wish you all the very best, but there's really no need to portray this image of yourself as one of perfection personified.
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So what about the companys that its their policy to pay with 21/30/45 days, most companys run that sort of a policy that usually isnt particularily negociatable for the bigger companys. Do you just flat refuse them? Must be nice to be financially secure like that...
The solicitor I spoke with disagreed.
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Oh, come now. You can choose clients as carefully as you want, but that does not make you a fortune teller. Stay in business long enough, and eventually you'll have a problem client like this one. You learn from each one how to prevent each specific issue in the future (tightening contract terms, etc) but you can't predict every human behavior.
I choose my clients very carefully and get paid very well, but still last year I had to take action on an unmotivated client. It happens. I know collect 100% of every session and every order up front, so that problem is solved.
- CJ
mobilevirgin
I'm a cheeky little sausage
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Correct view.
s15 Supply of Goods & Services Act 1982: Where, under a contract for the supply of a service, the consideration for the service is not determined by the contract, left to be determined in a manner agreed by the contract or determined by the course of dealing between the parties, there is an implied term that the party contracting with the supplier will pay a reasonable charge.
What he said was that even if I didn't supply T&C's at the beginning it falls on standard contract law passed down from cases fought over the ages. It comes down to them hiring me to do a job, and me doing the job. Its not like I didn't do the job.
well I sincerely hope that he is right Pete but my personal experience is that Solicitors get paid win or lose so he has everything to gain by promoting an action on your behalf and everything to lose if he doesn't .
If you did not have a `refusal' clause in your T & C I would say you had a very strong case indeed after all your client engaged you to take pictures which you provided. They did not reject them they did not pay you ...clear breach of contract .
However as you had the option of image rejection it is far from clear in fact your client could argue sucessfully that he selected you specifically because you had that let out clause inn your T & C . It is therefore immaterial whether or not it was your client's client that actually rejected them because you offered your client the option of rejecting the images . They don't have to give reasons unless your T & C specifically states the conditions under which your client can reject the images ie not on time . not suitable for purpose, not in accordance with client's purchase order etc etc
I haven't hired him to fight my battles. I went for a quick 1 hour chat just to get some real legal advice. No offense to anyone here, but I wanted to put myself at ease by chatting with someone in a real building with a real title
So in theory his advice is sound because he's not fighting the case. In theory of course sorry chum I was not knocking you .Going for advice was very wise. At least they can give you some idea of prospects and outcome and how to tackle an action. I wish you every success you certainly deserve it .I just wanted to give you some of my experiences.
I once a lost a case involving a digital sound system we supplied to a formulae 1 exhibitor at the NEC through one of the top exhibition companies in London.They claimed the system didn't work on the day.
When I finaly received the unit back after the court hearing the reason it hadn't worked became evident. Some idgit had padlocked it shut so they couldn't turn it on. I still lost the case and had to pay a shed load of costs and expenses.Nothings fair in law believe me
I once a lost a case involving a digital sound system we supplied to a formulae 1 exhibitor at the NEC through one of the top exhibition companies in London.They claimed the system didn't work on the day.
When I finaly received the unit back after the court hearing the reason it hadn't worked became evident. Some idgit had padlocked it shut so they couldn't turn it on. I still lost the case and had to pay a shed load of costs and expenses.Nothings fair in law believe me
Don't worry dude, didn't think you were Just wanted to mention that the solicitor I spoke with isn't in this for any reason. I simply met him to feel better. He did point out that realistically I could lose and its all down to the judge. But he did laugh at their claim, and thought that I could win.
Just wanted to mention that the solicitor I spoke with isn't in this for any reason. I simply met him to feel better. He did point out that realistically I could lose and its all down to the judge. But he did laugh at their claim, and thought that I could win.
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As I do Pete - you only have to see common sense and be pragmatic about it and it becomes very clear. However, the risk is that we all know... the law is an ass sometimes!!!
Hope you take him to the cleaners though matey, luck.
Hope you take him to the cleaners though matey, luck.
R
RobbieW
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but I wanted to put myself at ease by chatting with someone in a real building with a real title
I have a real title too! and a few people have given me another behind my back too :nono:
mmcp42
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kick bottom.
sooner or later, everyone gets an a**e.
cjnicolai has it about right.
we get money up front, or dont turn up.
and clients sign an agreement to that effect , when they book.
sooner or later, everyone gets an a**e.
cjnicolai has it about right.
we get money up front, or dont turn up.
and clients sign an agreement to that effect , when they book.
PapaLazarou
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Contracts, Contracts, please never do a job without one plus a 50 percent deposit.
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Yeah, Good luck
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Good Luck Mate!