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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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We are having a problem with Xerox. We pay for the usage of

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We are having a problem with Xerox. We pay for the usage of our digital printer on a pence per click basis. I send them our quarterly totals, they calculate the bill, then invoice us for payment. They have recently come back to us, asking for an extra £14000 plus Vat, because they have mistakenly under-invoiced us. We have agreed to use a certain number of clicks per quarter, and it seems that we not achieved this throughput. They didnt notice, neither did we, but no they have. Do we have to pay?
Submitted: 6 years ago.
Category: UK Law
Expert:  Thomas replied 6 years ago.

Hi,


Thanks for your question.

 

1. What does your agreement with Xerox say about the minimum amount of clicks, does it say that if you fall short of the amount you will still have to pay for the minimum amount of clicks regardless of whether you actually used that amount

 

2. Does the £14, 000.00 now invoiced relate to actual 'used' clicks or charges made under the minimum click (but unused) stipulation above?

 

3.Do you actually dispute this charge

 

Kind regards,

 

Tom

Customer: replied 6 years ago.
Hi
Yes, our agreement says that we pay for them even if we dont use them, and,
yes, the charge is for under used clicks, ie not used but to be paid for.
We should have been charged for the total of used, and any unused, on each invoice. We didnt know we were being under charged, and they agree that it is only by accident that they noticed the mistake.
We are wondering if there is any case for disputing the charge because of the delay in raising the invoice. Clearly we dont want to pay as it is completely unexpected, and screws up our cashflow
Cheers
Paul

Expert:  Thomas replied 6 years ago.

Hi Paul,

 

I'm afraid that as the charges are properly payable under the contract they will have a right to invoice you for them. The delay, although frustrating, does not effect their legal right to charge for them unless their is a specific contractual provision which prevents them from doing so. I assume that there is not.

 

Given that they acknowledge it's their mistake then I would attempt to manage the situation practically and engage constructively with them. Tell them you do not dispute the charges and wish to preserve your relationship with them, but that it does put a spanner in your cashflow having budgeted taking account of earlier invoices from them.

 

Do your sums and see what you can afford to offer them as repayment plan and see where that takes you. You may have to do some negotiating so don't go in with what you can afford to pay, go in with less and negotiate down to what you can pay.

 

Sorry it could not be better news.

 

 

If this has been useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

Kind regards,

Tom

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