Clearview National May 2015 - Issue 162 | Page 98

BUSINESSNEWS Practical tips to ensure you get paid what you’re due It’s hard enough winning new business at the best of times, but ensuring you get paid what you’re owed and in a reasonable time frame remains a problem for UK suppliers. »»Shanti Shah, a lawyer in the construction team at commercial law firm, SGH Martineau, explains what businesses can do to improve their chances of not only being paid. “Delivering goods and providing services before being paid still relies heavily on trust and unfortunately, there are times when payment is not made. “It now appears businesses are more willing to take matters to a dispute rather than pay when pressed for payment by their suppliers. This puts suppliers at greater risk of not being paid, if for example the buyer becomes insolvent or disputes the invoice. Terms & Conditions The actual content of T&Cs will largely depend on what you supply and how your services are provided. While there is no hard and fast rule for what your T&Cs should contain, some points to note include: • Your own T&Cs should be written in your favour and you should seek to have those terms govern the relationship between you and your buyer. • Require money to be paid up-front. This can be by way of deposit to secure the goods or services being provided; • If providing goods, include an adequate ‘Retention of Title’ clause and mark the goods as belonging to you, with your contact details, so they are identifiable in the event of for example an insolvency; • Include as a condition that the buyer must keep the goods separate from other goods and/or must not use them unless your written consent is provided. • Expressly say that although risk passes, title to the goods will never pass to the buyer, unless full payment is received and that position is confirmed in writing, • Depending on the goods/ materials being supplied, you may want to include a mixed goods clause; • Include a provision for debts owed on one contract to be off-set against other contracts between you and your buyer; • Limit the credit facility to your buyers to an appropriate amount so that you have control over your exposure; • Include clauses to ensure a quick turnaround of events, such as the buyer having a set number of days after delivery to inspect the goods before they will be deemed accepted and payment becomes due. 98 » M AY 2015 » CL EARVI E W- UK . C O M Be practical when asking to be paid In construction operations, ‘pay when paid’ clauses are not permitted and in all other circumstances, you should aim to be independent of any payment regimes linked to other contracts as those timings and payment dates were probably agreed to suit other parties. ‘Not all companies request part payment up-front’ Not all companies request part payment up-front, which will expose them to more risk, so asking for full or part payment up-front should form part of your standard procedures. If this is not possible, then as a minimum ensure you cover the cost of any materials you have purchased. Reduce your exposure to risk by requesting payment (or the balance) on delivery where the goods/services can be inspected - there is no reason to start by offering credit. If necessary, agree a proportion is paid on delivery, with the balance paid shortly afterwards. To discourage late payment send reminders and phone to request payment before the final payment date. Remind the buyer of the interest that can be charged and of other costs for late payments; for buyers who can’t pay, consider a re-payment plan. Alternatives There are many insurance products available, like ‘credit insurance’ which aims to cover bad debts, but you need to assess if such a policy is right for you and should take advice before purchasing one. Depending on the size of an order, suppliers should undertake credit checks where possible and perhaps obtain guarantees from parent companies and/or directors. In conclusion The problem for many businesses remains balancing long term good relationships with clients built on credit terms often in their favour, against the shorter term gain of more restrictive credit terms. However, being firm from the start of a relationship sets a precedent and it is worth remembering that ensuring payments are made is cheaper than chasing outstanding payments. ‘seek professional advice when needed’ These are a few suggestions to help you reduce your exposure to risk and to be paid in full or in-part, but the key is do your homework, understand who you are contracting with and seek professional advice when needed.