Re: FN-FORUM: PO as Contract?

date posted 1st May 2003 17:35

It's always best to send your T and Cs as a response to a PO or with the
quote. If they are on the back of an invoice that the client has paid this
implies acceptance. It's only useful if your T and Cs say what happens if
dates are changed, cancelled etc.

I should think (IANAL) that if the PO states dates, then those are the dates
that they are "buying". But if they cancel, there's not a lot you can do if
you haven't agreed what happens on cancellation. What about getting another
trainer in yourself and taking a percentage - better than nothing.

You don't need a signed contract (though it's a good idea) but you do need
to agree T and Cs before you start. Some clients put their own T and Cs on
the PO.

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
Kathy
http://www.vendetta.co.uk
DNRC Minister for Useful but Irritating Information and Trivia
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
----- Original Message -----
From: "Julian Templeman" [EMAIL REMOVED]
To: [EMAIL REMOVED]
Sent: Thursday, May 01, 2003 2:28 PM
Subject: FN-FORUM: PO as Contract?


> Quick question, as there are people round here who seem to know about
> this stuff.
>
> Does getting an official purchase order mean that a client has entered
> into a contract with me?
>
> Someone gave me a PO a few months back for 15 days' worth of training.
> They got a cheaper daily rate on the basis that they were prepared to
> book three weeks work in one go. I've done three days already, and
> billed them for 1/5th of the total, because I knew the rest wasn't
> going to come along for a month or two.
>
> They've now come back with the dates they want, but because they've
> left things till the last minute, these are only a couple of weeks
> away... and that means that I'm already booked up and can't do them.
> This is despite me emailing them on several occasions warning them
> that the diary was filling up, and to book some dates in advance.=20
>
> I've offered them the earliest dates I've got free, but they're now
> saying that they want to try to get someone else in order to get the
> training done in the timescale they require...
>
> So... does the existence of a PO give me any leverage?=20
>
> Ta for all opinions,
>
> julian
>
> Templeman Consulting Ltd.
> London and North Wales
>
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