Hi All, Please guide me, one of my client is not releaing our mayment and asking for contract termination.lease let me know he can terminate our contract without payment...... I need your Help...
From India, Noida
From India, Noida
First of all let us know what type of sevice/contract was agreed upon. A contract can be terminated without making payment, if the contract/service is not as per the specification/Terms and conditions mentioned in the contract. Read the Terms and condition and the specifications if any as per the contract and ask for the explanation for terminating the contract.
From India, Ahmadabad
734From India, Ahmadabad
Hi,
As rightly stated above the contract can be terminated if the other party is not performing to the satisfactory standards or not conforming to the laid down time schedule. Very rightly said that the nature of the contract matters in this case. In case the termination of contract by the other party also entails loss to the mgmt. the contract cannot be terminated at the whims of the other party and in such a situation as referred to above, in terms of the provisions of the contract legal action can be taken against the party for not releasing the payment as well as the loss caused by it to the management.
Regards
S.K.Johri
From India, Delhi
As rightly stated above the contract can be terminated if the other party is not performing to the satisfactory standards or not conforming to the laid down time schedule. Very rightly said that the nature of the contract matters in this case. In case the termination of contract by the other party also entails loss to the mgmt. the contract cannot be terminated at the whims of the other party and in such a situation as referred to above, in terms of the provisions of the contract legal action can be taken against the party for not releasing the payment as well as the loss caused by it to the management.
Regards
S.K.Johri
From India, Delhi
Hi Engineering Consultant,
1.0 What was the contract for
2.0 What were the agreed deliverables..
3.0 Have you performed as per contract in terms of completeness,
delivery date and guaranteed performance.
4.0 Are both the parties signatories to a common document.
If you have answers in your favour, then your case for payment is tenable.
V.Raghunathan..................................... ................................Navi Mumbai
From India
1.0 What was the contract for
2.0 What were the agreed deliverables..
3.0 Have you performed as per contract in terms of completeness,
delivery date and guaranteed performance.
4.0 Are both the parties signatories to a common document.
If you have answers in your favour, then your case for payment is tenable.
V.Raghunathan..................................... ................................Navi Mumbai
From India
It depend on the terms and conditions of the agreement. If there is a default and when the same is a clause in the agreement then it is possible to terminate. But in this case you are the person to receive the payment. If you have made the contract agreement then you are the person to decide the termination of the agreement and not the other. It is mutually agreed one. Since the details are not clear from your statement it is not possible to clearly advise you on this. One thing is clear that if the agreement is cancelled then the party will lose the ground of collecting the dues
From India, Madras
From India, Madras
Hi Seniors,
Please find agreement copy
This Agreement shall be effective from 20th August, 2012 and valid for a period of one year from commencement.
NOW the parties have mutually agreed and record as under:
1. For all recruitments at Junior & middle level with 0-8 yrs. experience, Engineering Consultant would charge at 4.17% of the annual CTC of the candidate placed.
2. For all recruitments at senior level with 8+yrs. experience, Engineering Consultant would charge at 8.33% of the annual CTC of the candidate placed.
3. Prior to any offer made to a candidate, Engineering Consultant will undertake a reference check, if required, to verify facts submitted by the candidate.
4. In accepting Curriculum Vitae, it is agreed that all information about the candidate will be treated as confidential and there’s no independent background checking will be done without Engineering Consultant notice.
5. That in the event of a referred candidate leaving the employment under the Employer before expiry of 3 months from the date of joining, a free replacement (only one time) would be provided to the Employer. Leaving would not include termination.
6. That a candidate referred to the Employer not appointed immediately or rejected but appointed subsequently within Six month of the interview by the Employer shall be deemed as appointed under this Agreement and all terms of this Agreement shall apply accordingly.
7. We will raise invoice within 7 days after joining of the candidate and Payment is to be made to Engineering Consultant within 30 days of the appointment of the candidate. Payment is to be made by an A/C Payee cheque or by demand draft favoring Engineering Consultant. Within 30 days.
8. That any modification or amendment to this agreement shall not be valid unless made in writing by both the parties.
From India, Noida
Please find agreement copy
This Agreement shall be effective from 20th August, 2012 and valid for a period of one year from commencement.
NOW the parties have mutually agreed and record as under:
1. For all recruitments at Junior & middle level with 0-8 yrs. experience, Engineering Consultant would charge at 4.17% of the annual CTC of the candidate placed.
2. For all recruitments at senior level with 8+yrs. experience, Engineering Consultant would charge at 8.33% of the annual CTC of the candidate placed.
3. Prior to any offer made to a candidate, Engineering Consultant will undertake a reference check, if required, to verify facts submitted by the candidate.
4. In accepting Curriculum Vitae, it is agreed that all information about the candidate will be treated as confidential and there’s no independent background checking will be done without Engineering Consultant notice.
5. That in the event of a referred candidate leaving the employment under the Employer before expiry of 3 months from the date of joining, a free replacement (only one time) would be provided to the Employer. Leaving would not include termination.
6. That a candidate referred to the Employer not appointed immediately or rejected but appointed subsequently within Six month of the interview by the Employer shall be deemed as appointed under this Agreement and all terms of this Agreement shall apply accordingly.
7. We will raise invoice within 7 days after joining of the candidate and Payment is to be made to Engineering Consultant within 30 days of the appointment of the candidate. Payment is to be made by an A/C Payee cheque or by demand draft favoring Engineering Consultant. Within 30 days.
8. That any modification or amendment to this agreement shall not be valid unless made in writing by both the parties.
From India, Noida
There is no termination clause and the arbitration clause mentioned. If there is a breach of contract you can very well take the party to the court of law. But before hand please check with a lawyer for all legality that there is a breach of contract.
From India, Ahmadabad
From India, Ahmadabad
Payment and termination will depend upon the payment and termination clauses in the agreement.In case there is any breach of the same, the agrieved party may issue notice for referring the dispute to arbitration.However, if there is no arbitration clause in the agreement, he can file a case before the civil court.
From India, Delhi
From India, Delhi
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