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fair or unfair?
http://www.taxi-driver.co.uk/phpBB2/viewtopic.php?f=5&t=35300
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Author:  wannabeeahack [ Sat Jan 11, 2020 2:31 pm ]
Post subject:  fair or unfair?

5.3 The Provider shall continue to perform all of its obligations under this Agreement and shall not suspend the supply of the Services notwithstanding:
5.3.1 any withholding in payment of the Price by the Council due to performance failures in accordance with Schedule C;
5.3.2 any unresolved dispute; and/or
5.3.3 any failure by the Council to pay the Price to the Provider




13. LATE PAYMENTS
13.1 The Parties agree that any payment which is due from one Party to the other Party under this Agreement shall be late for the purposes of the Late Payment of Commercial Debts (Interest) Act 1998 if the Party required to make the payment fails to do so within twenty (20) Working Days of the latest date of the same becoming properly payable under this Agreement.
13.2 A Party requesting payment may charge interest to the Party withholding payment at a rate of two per cent (2 %) per annum above the base lending rate of Lloyds Bank from time to time, from the date that the monies became overdue as provided for in Clause 13.1 and thereafter until payment is received.
13.3 For the avoidance of doubt no interest shall be payable in respect of any withheld disputed monies if it is found that the Party withholding payment was correct in doing so.

Quote:
13.4 The Parties agree that Clauses 13.1 to 13.3 (inclusive) provide a substantial remedy in respect of any late payment of sums due under this Agreement. Therefore the Late Payment of Commercial Debts (Interest) Act 1998 shall not apply to this Agreement.

Author:  Sussex [ Sat Jan 11, 2020 5:18 pm ]
Post subject:  Re: fair or unfair?

Quote:
5.3.3 any failure by the Council to pay the Price to the Provider

Defo unfair, and I doubt anyone or any court would say otherwise.

Saying a contractor must continue to undertake work even if they aren't being paid for it is a stupid requirement.

Author:  wannabeeahack [ Sat Jan 11, 2020 10:41 pm ]
Post subject:  Re: fair or unfair?

Id put it all on but its 20 pages long

Author:  Sussex [ Sun Jan 12, 2020 7:00 pm ]
Post subject:  Re: fair or unfair?

wannabeeahack wrote:
Id put it all on but its 20 pages long

Send a complaint into the council's complaints department.

Author:  wannabeeahack [ Sun Jan 12, 2020 8:17 pm ]
Post subject:  Re: fair or unfair?

"The council may terminate the providers contract with immediate effect if :-

34.3.6 he dies or is adjudged incapable of managing his affairs within the meaning of Part VII of the Mental Health Act 1983; or
34.3.7 the Provider suspends or ceases, or threatens to suspend or cease, to carry on all or a substantial part of his business.

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