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Excuse 1: I did not agree to
penalties
in the contract
Applicability
All, although this generally only makes sense for the first penalty
Underlying reasons
Customer genuinely
believes he
has to have agreed to penalties for them to apply
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Penalties are a statutory
part
of all commercial contracts, so he has agreed to them
In our case, penalties are stated in the published T&Cs, so he has
agreed to them
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Customer used a standard
purchase order which stated their terms and they do not include
penalties
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That does not necessarily
mean
that those terms were the ones one which the goods/services were
provided
However, as penalties are a statutory part of all commercial contracts,
even if the customers terms were the ones agreed, those terms
implicitly include penalty charges.
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Customer would never enter
in to
a contract if they knew penalties applied
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Penalties are a statutory
part
of all commercial contracts, so he has no choice if he wants to do
business with anyone at all in the EU!
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Resolution
- A policy of crediting the first charge works well in this
case.
Advise the customer of the facts of life, and credit the first penalty.
Customer is now educated, but has not been penalised on this occasion.
This is also a good opportunity to discuss and agree credit terms that
apply as the fact that they paid late may mean they may need different
credit terms or not understand the ones they have agreed.
- If it is not the first penalty, then this was resolved last
time
and these excuses are not really valid now, so can be dismissed -
customer has to pay.
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