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Is this considered nonpayment?
Thread poster: ATIL KAYHAN

ATIL KAYHAN  Identity Verified
Turkey
Local time: 16:34
Member (2007)
Turkish to English
+ ...
Dec 16, 2013

I delivered a small piece of translation for a client on November 21st, 2013. As soon as I e-mailed the translation, however, the client replied back to me saying that they did not confirm the order yet. In my opinion, they already sent me the job, and I started the translation promptly. I sent them my invoice again this Saturday 14th. I just received the following e-mail message:

"Dear Mr. Kayhan,

I am sorry to inform you that our custommer didn't confirm this order
which is now cancel.

This mean we didn't reicevd any payment from this client.

As we didn't place firm order to you we will not be able to accept your
invoice.

Our message of November 20th was an option and should have been
considered as such.

We are very sorry for this misunderstanding and we hope you will
understand our situation.

Best Regards"

Is this considered a case of nonpayment? Shall I pursue this case of nonpayment or not?


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Charlotte Farrell  Identity Verified
United Kingdom
Local time: 14:34
Member (2013)
German to English
+ ...
What did the original email say? Dec 16, 2013

If the original email made it clear that you were to wait for confirmation, then there's nothing you can do. If their email was a formal translation order, then it is their fault and you're entitled to payment.

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Mohd shadab  Identity Verified
Local time: 19:04
Hindi to English
+ ...
Agree ! Dec 16, 2013

Charlotte Farrell wrote:

If the original email made it clear that you were to wait for confirmation, then there's nothing you can do. If their email was a formal translation order, then it is their fault and you're entitled to payment.


Yes. One should wait for a formal order from client, because sometime client only send files for review, just to check whether you are comfortable with the text or not.

You should wait or must asked them before starting it..


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Sheila Wilson  Identity Verified
Spain
Local time: 14:34
Member (2007)
English
+ ...
I don't think we can say Dec 16, 2013

ATIL KAYHAN wrote:
Is this considered a case of nonpayment? Shall I pursue this case of nonpayment or not?

It's all in the words used in those email exchanges. If there was clear authorisation for you to do the job, it's non-payment. If that authorisation wasn't there, you just assumed it was, then it's an unfortunate misunderstanding.

Quite a lot must depend on whether this is a repeat order from a client you've already worked for; or whether it's for a new client. If you have similar emails that have constituted a firm offer from this client in the past then you could be forgiven for assuming this one was too, but for a new client it's important to get everything in black and white.


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Thayenga  Identity Verified
Germany
Local time: 15:34
Member (2009)
English to German
+ ...
All depends on the intial contact Dec 16, 2013

As our colleagues have already pointed out, it all depends on the content of the initial email.

If this email could have comprehensibly! led you to rightfully assume that the client has awarded the translation of this project to you, then it can be considered as an offical contract, and needs to therefore be paid.

However, if the original email contains any - even the smallest - indication of a "prospective" work assignment, then I'm afraid you will have to write off this money as an "investment" in the prevention of future misunderstandings.


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Samuel Murray  Identity Verified
Netherlands
Local time: 15:34
Member (2006)
English to Afrikaans
+ ...
Did they say "please go ahead"? Dec 16, 2013

ATIL KAYHAN wrote:
In my opinion, they already sent me the job, and I started the translation promptly.


Many clients will send you the files for the job, for you to look at, but that does not mean that they want you to go ahead with the translation. The client sent you the files, and you were supposed to then reply back, saying "yes, I can do the job, do you want me to continue?". The fact that the client had sent you files and asked if you could translate them doesn't mean he has authorised you to do the translation.

Samuel


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Steve Booth  Identity Verified
Local time: 14:34
Member (2007)
English to Arabic
+ ...
hmm Dec 17, 2013

Without knowing the wording of the original email no one can say whether it was just a query or a request to do the job

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ATIL KAYHAN  Identity Verified
Turkey
Local time: 16:34
Member (2007)
Turkish to English
+ ...
TOPIC STARTER
E-mail Messages Dec 17, 2013

Actually, there were several e-mail messages exchanged. A couple of them are below:

"Dear Sir,

We are looking for a English/Turkish translator to make a
synthesis of a press article.

Are you available ?

Please find below the link to the article :

http://sektorel.com/guncel-haberler/valeo-inovasyon-yarismasi-sadece-3-ay-kaldi

What would be your price and delivery date.

Best regard

...

On Wednesday, November 20, 2013 6:46 PM,

Dear Mr Kayhan,

Thx for your answer.
Could you make a delivery on Friday morning ?
We are ok for the price.

Could you also end us your CV ?

Thx in advance"

Since they said they need delivery Friday morning (only 2 days ahead), I promptly made the translation, and sent them the file.


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jyuan_us  Identity Verified
United States
Local time: 09:34
Member (2005)
English to Chinese
+ ...
Even if they send you a PO in the initial job request Dec 17, 2013

Charlotte Farrell wrote:

If the original email made it clear that you were to wait for confirmation, then there's nothing you can do. If their email was a formal translation order, then it is their fault and you're entitled to payment.


the job can still be cancelled. I would always wait for the client's reply to my reply (I use 2 replies here on purpose).The thing is, how did you know the client has received your reply?

You are at risk if you assume that the client knows you are doing the job. The client can always say, "Hey, we waited for your reply to our request but we never received it, so the job has been placed elsewhere".

This has never happened to me, and I'll not let it happen.


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Tomás Cano Binder, BA, CT  Identity Verified
Spain
Local time: 15:34
Member (2005)
English to Spanish
+ ...
Unclear Dec 17, 2013

ATIL KAYHAN wrote:
"Could you make a delivery on Friday morning ?
We are ok for the price.

Unfortunately, this is not a sufficient expression of confirmation. Just to make sure, especially with a new customer, it is most important to ask them for an explicit order or, more precisely, a PO, before you move a finger.

Unfortunately it looks like this is lost time on your part. The most elegant way of getting out of this might be to blame yourself and graciously offer them the translation for free. They could be interesting as a customer in the future.


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,iam pity to this matter Dec 17, 2013

If the original email made it clear that you were to wait for confirmation, then there's nothing you can do. If their email was a formal translation order, then it is their fault and you're entitled to payment ,iam pity to this matter .Newmark Translation Co., LtdWeb: http://en.newmarktrans.com

Email: toolandy@sina.com

MSN: newmarktrans@live.cn

Skype: newmarktrans


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Samuel Murray  Identity Verified
Netherlands
Local time: 15:34
Member (2006)
English to Afrikaans
+ ...
Not confirmed, I tnink Dec 17, 2013

ATIL KAYHAN wrote:
On Wednesday, November 20, 2013 6:46 PM,
Dear Mr Kayhan,
Thx for your answer.
Could you make a delivery on Friday morning ?
We are ok for the price.
Could you also send us your CV ?
Thx in advance


I think you interpreted their question "Could you make a delivery on Friday morning?" as a statement "Please make a delivery on Friday morning". I suppose there may be instances where this question can be interpreted as a request and not merely a question, but here it seems like a question to me. They are happy with your rate but not with the deadline that you indicated, so they ask if you can do it by a different deadline. They don't just assume that you can.


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Ty Kendall  Identity Verified
United Kingdom
Local time: 14:34
Hebrew to English
Not a confirmation Dec 17, 2013

ATIL KAYHAN wrote:
Dear Mr Kayhan,

Thx for your answer.
Could you make a delivery on Friday morning ?
We are ok for the price.

Could you also end us your CV ?

Thx in advance"

Since they said they need delivery Friday morning (only 2 days ahead), I promptly made the translation, and sent them the file.


If this was the last email then I wouldn't consider that a go-ahead at all. Just because they are faffing about with only two days to go till the deadline is their problem, it's not your problem unless the project becomes yours (unequivocally).

For me, the fact that they say: "could you also [s]end us your CV?" indicates to me that they are still agonizing over their "selection" process.


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Emma Goldsmith  Identity Verified
Spain
Local time: 15:34
Member (2010)
Spanish to English
In hindsight... Dec 17, 2013

I agree with the others that "Could you make a delivery on Friday morning ?" can't be considered as confirmation.

However, if you thought it was a confirmation, you should perhaps have replied, saying exactly what you understood:

"I understand that you have confirmed this project, so I'll make a start."

That would have prevented any further misunderstanding.


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Tomás Cano Binder, BA, CT  Identity Verified
Spain
Local time: 15:34
Member (2005)
English to Spanish
+ ...
Excellent point Dec 18, 2013

Emma Goldsmith wrote:
"I understand that you have confirmed this project, so I'll make a start."
That would have prevented any further misunderstanding.

This is excellent advice!


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