Have Australian Law Questions? Ask a Lawyer Now.
I will have to locate the contract so please bear with me
I believe that I have attached it correctly.
Thanks for the reply. It has got a little bit more complicated. Unbeknownst to me, one of my fellow directors appear to have signed an amendment to the contract between our company and the client from the original agreement that if there was a late payment, they could give five days notice to terminate the contract. Please see attached contract with the client and then the clients termination notification. I have tried to upload but the screen message says the file is too large. Is there another way of getting you the documentation ?
Let me try a different approach. Here is a copy of the termination from the client
I will try and upload the original contract for the client on another response from.
Basically, they are terminating the contract because a payment was one day outside of the 14 days payment terms because it was a holiday in Australia and the banks did not process it until the following day. Even though we made the payment in time
Yes, we have a payment processing function in the UK and the payment was made in the correct time frame but unbeknowst to us, it was a bank holiday in Australia for the Queens birthday and so the bank didn't apply it until the following day.
I also have another question, which is sort of linked, how can I ask that question so that you get to answer it. Also, where are you physically located ?
Any idea on the legal position I have in relation to the termination based on a payment being one day late due to the bank holiday in Australia ?
Also did you get the contract that I sent through via email ? It say in there that if there is a dispute that it should go to arbitration, or is the clause too restrictive and as such not enforceable ?
I called just answer on Friday and they told me to send it to [email protected] marked for you attention.
Is there another way I can get it to you as it is just over the 5meg limit ?
I sent it to the support email addres. I will try and break it down and post on here
Here is the contract broken down into two parts
I have just noticed that the copy of the contract only has the even number pages. What about any disputes going to arbitration ?