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Business deal customer not able to pay the money how to recover
27-Aug-2023 (In Recovery Law)
I am based in Delhi into business of industrial water storage solution. I finalized a deal with customer In Thane (near Mumbai) for supply of goods. The customer had purchased goods from me for Exports to Nigeria . There was some delay in supply of goods but the goods were supplied well in time before his shipment was to go about 2 years from now. In the purchase order there was a condition that 10 % be paid after installation of material at site in Nigeria for which i had to send two supervisors. Now I have been chasing my customer for rediness of the site and as when can i send my supervisors to finish the job. My customer had some payment dispute further with his customer in Nigeria due to which his work was not completed and in turn now that customer has not paid me my money in-spite of repeated requests . He says that as per terms of order you payment will be made after installation. On my asking for a definite date and dead line he is unable to commit anything. How should I proceed?
Dear Client,
In an business transactions, the signed agreement and mail communications carry weightage in deciding the dispute.
If there was some clause which states that upon completion of some future event patment would be made, then you will have to adhere to the said condition.
Nothing concrete can be said at this stage. Better and proper advice can be given, for recovering your dues, post referring the documentations.
Expert Jurist LLP
In an business transactions, the signed agreement and mail communications carry weightage in deciding the dispute.
If there was some clause which states that upon completion of some future event patment would be made, then you will have to adhere to the said condition.
Nothing concrete can be said at this stage. Better and proper advice can be given, for recovering your dues, post referring the documentations.
Expert Jurist LLP
Helpful?
10+
10+
Adv. JV Bhosale
Mumbai | 400+ Answers
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You have to follow up rigorously the reason for the delay for the readiness of the site. The terms of the Purchase order stand condition precedent. So the performance needs to be fulfilled but there cannot be an inordinate delay. You have to take the reason in writing and make sure that the installation part is completed asap and your 10% payment is released. If he is not able to commit anything then issue him a request letter to share the consequential impact equally. Ask him to pay for 50% of the impact and you can bear the 50% which can be adjusted during performance of the 10% payment related work.
Helpful?
14+
14+
Adv. Ramgopal Aiyer
Navi Mumbai | 200+ Answers
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Dear querist,
As can be learnt from your query it seems that you have discharged your obligation of selling and supplying the goods to the purchaser without any delay.
Please note that it also depends on the terms and conditions imprinted on your invoice with regard to the payment payable by the purchaser, as while accepting the goods under the invoices the purchaser has invariably accepted the terms and conditions imprinted on it.
You can sue the purchaser for the goods sold and supplied if there is no any agreement contrary as any default/nonperformance is due to him and there is no fault of yours.
You may also note that as per law of limitation your right to recover the amount for goods sold and supplied to the purchaser is only 3 years failing which your right is lost for recovering the amount.
As can be learnt from your query it seems that you have discharged your obligation of selling and supplying the goods to the purchaser without any delay.
Please note that it also depends on the terms and conditions imprinted on your invoice with regard to the payment payable by the purchaser, as while accepting the goods under the invoices the purchaser has invariably accepted the terms and conditions imprinted on it.
You can sue the purchaser for the goods sold and supplied if there is no any agreement contrary as any default/nonperformance is due to him and there is no fault of yours.
You may also note that as per law of limitation your right to recover the amount for goods sold and supplied to the purchaser is only 3 years failing which your right is lost for recovering the amount.
Helpful?
12+
12+
Adv. Jitendra Ahuja
Mumbai | 100+ Answers
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