Would you sign an Agency Agreement containing this?
Thread poster: Sven Petersson

Sven Petersson  Identity Verified
Sweden
Local time: 00:02
English to Swedish
+ ...
Dec 2, 2005

"Payment shall not be of the essence of the Contract."
It is truly amazing how many have signed it!


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Maria Diaconu  Identity Verified
Romania
Local time: 01:02
English to Romanian
Are you sure? Dec 2, 2005

Sven Petersson wrote:

"Payment shall not be of the essence of the Contract."


It may refer to "time for payment", see below:

8. PAYMENT
8.1. The Company shall pay the price of the Goods within [ ] days of delivery of the Goods to the Company, but time for payment shall not be of the essence of the Contract.
8.2. Without prejudice to any other right or remedy, the Company reserves the right to set off any amount owing at any time from the Seller to the Company against any amount payable by the Company to the Seller under the Contract.

www.buyright.co.uk/downloads/Terms%20&%20Conditions.doc


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Sven Petersson  Identity Verified
Sweden
Local time: 00:02
English to Swedish
+ ...
TOPIC STARTER
I am sure! Dec 2, 2005

Time is not mentioned in the paragraph.

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Peter Bouillon  Identity Verified
Germany
Local time: 00:02
French to German
+ ...
I wouldn't sign that, either Dec 2, 2005

Maria Diaconu wrote:

8.1. The Company shall pay the price of the Goods within [ ] days of delivery of the Goods to the Company, but time for payment shall not be of the essence of the Contract.


"What do you mean, I am to deliver translations timely to you, but you want to reserve yourself the right to pay whenever you like to be kind?!"

P.


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Murat Yildirim
Local time: 01:02
If not, then why?! Dec 2, 2005

If it is not of essence, why are we translating stuff? For personal enjoyment?!!!

I think you must demand that they remove that sentence from the contract.


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Sven Petersson  Identity Verified
Sweden
Local time: 00:02
English to Swedish
+ ...
TOPIC STARTER
I did! Dec 2, 2005

I did ask them to remove the sentence.

They refused and stated:

"This contract was closely reviewed and finalised by a leading international legal firm and so we are confident that the information given is appropriate and in accordance with the industry's standard practice."

I further asked them to remove a number of typos and spelling errors from the Contract.

They refused.


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shfranke  Identity Verified
United States
Local time: 15:02
English to Arabic
+ ...
You are not losing anything by passing on that rigid a firm Dec 2, 2005

Greetings.

Based on that last entry about your query and that firm's responses, may I observe that:

1. You are not losing anything by declining to undertake any business from such a rigid firm.

2. You would also avoid likely anguish in waiting for eventual payment if you did provide your services under those conditions.

Nothing wrong with "disqualifying" such an unsuitable potential customer.

Regards,

Stephen H. Franke
English Arabic,
Kurdish and Persian
San Pedro, California, USA


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Lucinda  Identity Verified
Local time: 19:02
Member (2002)
Dutch to English
+ ...
Run, as fast as you can! Dec 2, 2005

I couldn't have said it better than Stephen Franke.

Greetings from Suriname!
Lucinda


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Peter Bouillon  Identity Verified
Germany
Local time: 00:02
French to German
+ ...
Non sequitur Dec 2, 2005

Sven Petersson wrote:
They refused and stated: "This contract was closely reviewed and finalised by a leading international legal firm and so we are confident that the information given is appropriate and in accordance with the industry's standard practice."


A legal firm will draft documents for you that are legal and that say what you want to have said; this doesn't say anything on whether the documents are appropriate, too.

You don't need the services of a "leading international" legal firm to finalize what is standard practice in the industry, anyway. You'd employ such over-excellent people to draft up what is unusual in the industry.

So I don't buy that line of the agency. It is posh sounding crap.

By the way, an agency employing "leading international" legal companies says nothing about whether the agency is sound and whether they pay for translation invoices (in a reasonable time frame). The only thing you can reason is that the legal company seems to be sure that they will be paid for drafting the contract.

P.

PS. Could you please point me to a website of that agency where they list these terms of business (by private mail, so that the forum rules aren't violated)? I keep a special personal list of agencies that "interest" me in a certain special way, and I'd like to add them to it.



[Edited at 2005-12-02 22:59]


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Peter Bouillon  Identity Verified
Germany
Local time: 00:02
French to German
+ ...
Tales? Dec 2, 2005

Sven Petersson wrote:

It is truly amazing how many have signed it!


*quizzical* Sure of that? You didn't see them sign, did you?

P.


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Sven Petersson  Identity Verified
Sweden
Local time: 00:02
English to Swedish
+ ...
TOPIC STARTER
Constructive Suggestions Dec 3, 2005

Please see http://www.proz.com/topic/39474 for a constructive suggestion.

To Peter:
Write them yourself for your own signed copy of this legal masterpiece. Details sent by private email.


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Would you sign an Agency Agreement containing this?

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