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Customer Credit and Late Payment Fees

Started by Rick C October 8, 2021
On Saturday, October 9, 2021 at 3:53:13 PM UTC-4, Tabby wrote:
> On Saturday, 9 October 2021 at 16:08:26 UTC+1, gnuarm.del...@gmail.com wrote: > > On Saturday, October 9, 2021 at 10:00:44 AM UTC-4, Martin Brown wrote: > > > On 09/10/2021 14:34, Rick C wrote: > > > > On Saturday, October 9, 2021 at 5:18:37 AM UTC-4, Martin Brown > > > > wrote: > > > >> On 09/10/2021 01:35, Clifford Heath wrote: > > > >>> On 9/10/21 5:25 am, Rick C wrote: > > > LOL! This is not about their "rules", this is about the agreement signed by all parties. I won't call it a contract because that's a legal term and I don't know all of the requirements for it to be a "contract". I do know a contract requires "consideration" for both parties which is another legal term for lawyers to debate. > Woah. This is an area that's /essential/ to company survival. You don't know the basics so put it in the hands of someone that does. > > We don't know what's best because we haven't seen your contract with them. But as generalisations: > > I would (almost) never ship anything while a customer is behind. > 2% late fee is way too small, I normally run with 8-10%, with some negotiation room. Customers count on not paying late, and seldom do. With a large charge, the minute they're late you know they intend to never pay. > I don't call it a late fee, just give 2 prices for payment within this time and after. > I would not normally call a customer to discuss late payments. Communications on this stuff need to be in writing, and they need to all help build up a picture that leads the coming court case in your direction. > I never discuss the customer's internal financial processes, it demonstrates a real lack of understanding of this whole area. > But I'll listen, and if someone wants excessive credit times, if they're worth it I can wait. But the price goes up and the late fees do too. Being strapped for cashflow will cost you such deals. > If they have any history of late payment, that becomes part of your expectations for future business. I let them have what they want, and charge accordingly, if it's something I can realistically do. > ALWAYS retain legal ownership of product until paid for in full, including any late fees, extra charges etc. > If you don't even know what your contract is, it's time to panic. You're way outside of anywhere you should be. That's like looking out the windscreen at 70mph and seeing only grass. > Finally, I always look to make such matters nonpersonal, you should be planned ahead of time how you'll deal with each & every one, and it should always come out in your interest. > If it's clear they won't pay, lose no time in extracting it from them. You should have multiple ways in mind to do this ahead of time. Eg court, taking their goods on account, remotely deactivating goods supplied, recovering goods delivered, winding up order, etc. You should never land yourself in an even game with a company 10+ times your size.
I appreciate your advice. This is not an emergency. The customer has paid for the goods. The customer will continue to pay for all goods shipped. There are only two issues. One is that they do not want to pay the late payment penalty for being a week past the due date going forward. The other is that they don't want to pay the full 2% on this one payment being late, but expect the late payment fee to be prorated by the day! If they wanted to pay 60 days or 90 days after delivery/invoicing it could be a huge issue for me. At the moment it's not so big an issue. In fact, I can only build a small portion of the total order right now because some parts are delayed because of the shipping problems at our sea ports. I am at least in the black going forward. I need to pay an invoice or two, but have the funds in the bank to do that. Once we start shipping again the payments will be significantly larger than the invoices and my company will not have trouble paying them even with 45 days of payment delays. So no emergency. But my company is not a bank and I'm not interested in lending money beyond 30 days. I am put out by the arrogant attitude of my contact. On one hand she sounds like she is powerless to make any reasonable accommodations to actually pay these invoices on time. On the other hand she feels I should jump through hoops to conduct business the way all her other vendors do rather than as negotiated in the Terms and Conditions of sale. That doesn't sit with me. BTW, it may not be indicated in the T&C the ownership of the goods delivered is retained by my company until payment is made, but legal precedence says a lien can be filed against the goods. It's just a bit more legal work. Something like that would really put the fear of god into them as it will get the attention of the higher ups in the company and that's the last thing a mid-level executive wants. -- Rick C. --- Get 1,000 miles of free Supercharging --- Tesla referral code - https://ts.la/richard11209
On Saturday, October 9, 2021 at 11:42:37 PM UTC-4, terrell....@gmail.com wrote:
> On Friday, October 8, 2021 at 2:25:33 PM UTC-4, gnuarm.del...@gmail.com wrote: > > A customer who is a pain in the ass (a very large company, so they think they can toss around my small company) assured me during negotiations they would be paying the net 30 invoices in 30 days. Because of the large manufacturing costs the float on the funds is significant. > > > > The first of many invoices was not paid in 30 days, but closer to 45 days. On investigation I found they pay late by design. They cut payments twice a month, 15th and 30th (or 31st I assume). If the 30 days is in the first part of the month the payment is made on the 15, likewise with the second half and the last day of the month. So by design they are paying up to 2 weeks late and *never* by the due date. > >
<<< snip >>>
> Don't push too hard, they may have someone design a replacement and stop buying from you.
They would have to work fast! That was actually threatened during the negotiations when my costs were rising with the delays and I tried to pass on those rising costs. But there are some complexities which I've mentioned briefly here and in more detail in other threads which make that awkward for them. Still, I took the threat seriously and started to comply with some of the demands so I did not lose this order. The long term concerns are not an issue. You may not have read the this full thread where I state this order is the final order of this product for two reasons. The product goes into equipment that is not RoHS. The company selling the equipment is, at the end of the year, switching contract manufacturers (CM) to a company that does not handle non-RoHS work... AT ALL. Because of the early on negotiation delays our delivery was pushed out into March of 2022. They asked for a plan to mitigate this, but we had already NCNR ordered materials with long lead times, making the cost of rebuying those materials through brokers very expensive. So that was rejected and they will deal with the delays. They ARE NOT worried about the delays impacting their customers because these goods are sold through contracts that take years to negotiate. So anything in first half of 2022 is fine. The bulk of the units go into inventory to support the next several years of sales. After that the product my units go into will be redesigned, most likely incorporating my units into the rest of their product as a standard feature which can be enabled by software. So I'm not worried about injuring my relationship with the CM who is being replaced when the product I sell is no longer needed. My concern right now is saving every penny I can on the production of this order. -- Rick C. --+ Get 1,000 miles of free Supercharging --+ Tesla referral code - https://ts.la/richard11209
On 09-Oct-21 1:04 pm, Rick C wrote:
There is nothing in the agreement that sets a time limit to the overall 
process of delivering product or any specific schedule.

There's a general principle that where a contract doesn't specify a time 
for performance, then performance must be within a reasonable time, so 
it's not the case that you can just defer indefinitely.

On the other hand, by failing to pay by the due date, or paying the late 
fee, they're in breach of contract, so arguably you don't have to 
perform your side of it.

My take on the title to goods term is that it is irrelevant before you 
ship the goods anyway, and only comes into play if goods are delivered 
before payment. I think its purpose, in contracts where it exists, is to 
allow the supplier to take the goods back if the purchaser becomes 
bankrupt rather than trying to recover some part of the money from the 
receiver/liquidator (terminology may vary in your jurisdiction).

Sylvia.

On Sunday, October 10, 2021 at 12:44:27 AM UTC-4, Sylvia Else wrote:
> On 09-Oct-21 1:04 pm, Rick C wrote: > There is nothing in the agreement that sets a time limit to the overall > process of delivering product or any specific schedule. > There's a general principle that where a contract doesn't specify a time > for performance, then performance must be within a reasonable time, so > it's not the case that you can just defer indefinitely.
I can with cause. More importantly the order is non-cancelable, non-returnable, so if they want to cancel I can bill them "reasonable" amounts which allows for time and money involved not to mention profit.
> On the other hand, by failing to pay by the due date, or paying the late > fee, they're in breach of contract, so arguably you don't have to > perform your side of it.
I don't think it is quite that simple. Certainly that is not in my best interest. Much better to hold them to specific performance of the PO.
> My take on the title to goods term is that it is irrelevant before you > ship the goods anyway, and only comes into play if goods are delivered > before payment. I think its purpose, in contracts where it exists, is to > allow the supplier to take the goods back if the purchaser becomes > bankrupt rather than trying to recover some part of the money from the > receiver/liquidator (terminology may vary in your jurisdiction).
I don't know if you've read the entire thread or not. Of course the title to the goods is not important if the goods are not shipped. The issue is being able to lay claim to the goods after they are shipped, but not paid for in a reasonable time. I have zero interest in recovering the goods as they are not useful to anyone else, but by retaining title to the goods the units they are installed into can not be delivered to their client. That was why they would not agree to that. Bankruptcy is not the issue here although that is certainly a consideration in some cases. I will remember that. -- Rick C. -+- Get 1,000 miles of free Supercharging -+- Tesla referral code - https://ts.la/richard11209
Rick C <gnuarm.deletethisbit@gmail.com> wrote:
> On Saturday, October 9, 2021 at 11:42:37 PM UTC-4, terrell....@gmail.com wrote: >> On Friday, October 8, 2021 at 2:25:33 PM UTC-4, gnuarm.del...@gmail.com wrote: >> > A customer who is a pain in the ass (a very large company, so they think they can toss around my small company) assured me during negotiations they would be paying the net 30 invoices in 30 days. Because of the large manufacturing costs the float on the funds is significant. >> > >> > The first of many invoices was not paid in 30 days, but closer to 45 days. On investigation I found they pay late by design. They cut payments twice a month, 15th and 30th (or 31st I assume). If the 30 days is in the first part of the month the payment is made on the 15, likewise with the second half and the last day of the month. So by design they are paying up to 2 weeks late and *never* by the due date. >> > > <<< snip >>> >> Don't push too hard, they may have someone design a replacement and stop buying from you. > > They would have to work fast! That was actually threatened during the negotiations when my costs were rising with the delays and I tried to pass on those rising costs. But there are some complexities which I've mentioned briefly here and in more detail in other threads which make that awkward for them. Still, I took the threat seriously and started to comply with some of the demands so I did not lose this order. > > The long term concerns are not an issue. You may not have read the this full thread where I state this order is the final order of this product for two reasons. The product goes into equipment that is not RoHS. The company selling the equipment is, at the end of the year, switching contract manufacturers (CM) to a company that does not handle non-RoHS work... AT ALL. Because of the early on negotiation delays our delivery was pushed out into March of 2022. They asked for a plan to mitigate this, but we had already NCNR ordered materials with long lead times, making the cost of rebuying those materials through brokers very expensive. So that was rejected and they will deal with the delays. They ARE NOT worried about the delays impacting their customers because these goods are sold through contracts that take years to negotiate. So anything in first half of 2022 is fine. The bulk of the units go into inventory to support the next several years of sales. After that the product my units go into will be redesigned, most likely incorporating my units into the rest of their product as a standard feature which can be enabled by software. > > So I'm not worried about injuring my relationship with the CM who is being replaced when the product I sell is no longer needed. My concern right now is saving every penny I can on the production of this order. >
Is all this drama really over just discovering that companies sometimes stretch payments past net 30? bullshit and say your shipping rates went up, move on.
On Sunday, October 10, 2021 at 10:06:07 PM UTC-4, Cydrome Leader wrote:
> Rick C <gnuarm.del...@gmail.com> wrote: > > On Saturday, October 9, 2021 at 11:42:37 PM UTC-4, terrell....@gmail.com wrote: > >> On Friday, October 8, 2021 at 2:25:33 PM UTC-4, gnuarm.del...@gmail.com wrote: > >> > A customer who is a pain in the ass (a very large company, so they think they can toss around my small company) assured me during negotiations they would be paying the net 30 invoices in 30 days. Because of the large manufacturing costs the float on the funds is significant. > >> > > >> > The first of many invoices was not paid in 30 days, but closer to 45 days. On investigation I found they pay late by design. They cut payments twice a month, 15th and 30th (or 31st I assume). If the 30 days is in the first part of the month the payment is made on the 15, likewise with the second half and the last day of the month. So by design they are paying up to 2 weeks late and *never* by the due date. > >> > > > <<< snip >>> > >> Don't push too hard, they may have someone design a replacement and stop buying from you. > > > > They would have to work fast! That was actually threatened during the negotiations when my costs were rising with the delays and I tried to pass on those rising costs. But there are some complexities which I've mentioned briefly here and in more detail in other threads which make that awkward for them. Still, I took the threat seriously and started to comply with some of the demands so I did not lose this order. > > > > The long term concerns are not an issue. You may not have read the this full thread where I state this order is the final order of this product for two reasons. The product goes into equipment that is not RoHS. The company selling the equipment is, at the end of the year, switching contract manufacturers (CM) to a company that does not handle non-RoHS work... AT ALL. Because of the early on negotiation delays our delivery was pushed out into March of 2022. They asked for a plan to mitigate this, but we had already NCNR ordered materials with long lead times, making the cost of rebuying those materials through brokers very expensive. So that was rejected and they will deal with the delays. They ARE NOT worried about the delays impacting their customers because these goods are sold through contracts that take years to negotiate. So anything in first half of 2022 is fine. The bulk of the units go into inventory to support the next several years of sales. After that the product my units go into will be redesigned, most likely incorporating my units into the rest of their product as a standard feature which can be enabled by software. > > > > So I'm not worried about injuring my relationship with the CM who is being replaced when the product I sell is no longer needed. My concern right now is saving every penny I can on the production of this order. > > > Is all this drama really over just discovering that companies sometimes > stretch payments past net 30? > > bullshit and say your shipping rates went up, move on.
Nah... I don't charge shipping. They provide a FedEx account number. I'm doing this by the book! -- Rick C. -++ Get 1,000 miles of free Supercharging -++ Tesla referral code - https://ts.la/richard11209
On 09/10/2021 19:27, ke...@kjwdesigns.com wrote:
> On Saturday, 9 October 2021 at 02:18:37 UTC-7, Martin Brown wrote: > ... >> I don't know what it is like in the USA, but the aggressive large UK >> corporate I first worked for would only pay larger bills on 60 day terms >> after at least 120 days or when the bailiffs turned up to take away the >> fax machine. They prevented them taking the photocopier by leasing it. > ... > That sounds like GEC when I worked for them (the Marconi-Elliott subsidiary).
It wasn't GEC but a closely related spin off UK hitech company using bean counters cut from the same cloth. They were regularly on the stop list of two out of three of Farnell, Lock Distribution and RadioSpares.
> It made working with some suppliers difficult as they would only take orders if we paid in advance, we had to do all sorts of tricks like breaking up orders into small amounts to get what we needed.
+1 -- Regards, Martin Brown
On 10/10/2021 05:36, Rick C wrote:
> On Saturday, October 9, 2021 at 11:42:37 PM UTC-4, > terrell....@gmail.com wrote: >> On Friday, October 8, 2021 at 2:25:33 PM UTC-4, >> gnuarm.del...@gmail.com wrote: >>> A customer who is a pain in the ass (a very large company, so >>> they think they can toss around my small company) assured me >>> during negotiations they would be paying the net 30 invoices in >>> 30 days. Because of the large manufacturing costs the float on >>> the funds is significant. >>> >>> The first of many invoices was not paid in 30 days, but closer to >>> 45 days. On investigation I found they pay late by design. They >>> cut payments twice a month, 15th and 30th (or 31st I assume). If >>> the 30 days is in the first part of the month the payment is made >>> on the 15, likewise with the second half and the last day of the >>> month. So by design they are paying up to 2 weeks late and >>> *never* by the due date. >>> > <<< snip >>> >> Don't push too hard, they may have someone design a replacement and >> stop buying from you. > > They would have to work fast! That was actually threatened during > the negotiations when my costs were rising with the delays and I > tried to pass on those rising costs. But there are some complexities > which I've mentioned briefly here and in more detail in other threads > which make that awkward for them. Still, I took the threat seriously > and started to comply with some of the demands so I did not lose this > order.
You really have to decide what you want and think carefully about all of the consequences of your actions. You may be legally able to enforce the contract but you could well incur more expense and loss of goodwill from doing that than you will gain in cash. Don't forget the time and effort.
> The long term concerns are not an issue. You may not have read the > this full thread where I state this order is the final order of this > product for two reasons. The product goes into equipment that is not > RoHS. The company selling the equipment is, at the end of the year, > switching contract manufacturers (CM) to a company that does not > handle non-RoHS work... AT ALL. Because of the early on negotiation > delays our delivery was pushed out into March of 2022. They asked > for a plan to mitigate this, but we had already NCNR ordered > materials with long lead times, making the cost of rebuying those > materials through brokers very expensive. So that was rejected and > they will deal with the delays. They ARE NOT worried about the > delays impacting their customers because these goods are sold through > contracts that take years to negotiate. So anything in first half of > 2022 is fine. The bulk of the units go into inventory to support the > next several years of sales. After that the product my units go into > will be redesigned, most likely incorporating my units into the rest > of their product as a standard feature which can be enabled by > software.
You have a great aptitude for including a lot of extraneous detail without explaining what the actual situation is and what remedy you are trying to obtain. On the face of it their offer to pay pro-rata by the day might be countered by rounding up to the nearest week to settle it. I can count on the fingers of one hand the larger companies that actually pay up on time. That is why I have such a clear stated policy of no further work if there are unpaid invoices past their dues date. Getting lawyers involved will only make them dig their heels in and they probably have in house ones well used to fending off such claims if they are anything like the organisation I used to work for. I have only ever done it once and that was quite interesting to reclaim our goods from a warehouse of a dealer that had gone bankrupt without paying for them. The most memorable thing about it was that for some reason it involved invoking the high court and Sheriff of Nottingham!
> So I'm not worried about injuring my relationship with the CM who is > being replaced when the product I sell is no longer needed. My > concern right now is saving every penny I can on the production of > this order.
I suggest you concentrate on that then rather than picking a fight with your customer *and* their customer in addition. The goodwill or bad feelings that you create can come back to haunt you long afterwards. People that you have annoyed will never do business with you again and will tell around a dozen others their tale of woe. If you have run into a retaliator it could be even worse - they are much bigger than you. Figure out what you want and express it much more clearly! -- Regards, Martin Brown
On 10/11/2021 3:03 AM, Martin Brown wrote:
> People that you have annoyed will never do business with you again and will > tell around a dozen others their tale of woe. If you have run into a retaliator > it could be even worse - they are much bigger than you.
This works both ways! Screw someone over "because you can" and THEY won't do business with you, either. And, they will be more than happy to tell others that you could potentially screw, in the future (possibly as alternatives to "you"!) so those folks take measures to minimize the effects of such a screwing (e.g., insist on cash up front). I had a client "express displeasure" with some of my work. After the demo, he grumbled "Pack it up" which I took to mean, "We're done, here!" Fine. I can't (and won't) try to alter your opinion as I may not know what "other" issues you are facing (maybe today was just a bad day and you wanted to take it out on me?) I opted not to bill him for the last month of work (~$25K) and went on my way. A few weeks later, he called, all cheery and wanted to know when we could meet to get started on the REST of the project... "Um, I don't work for you anymore." "Huh?" "Remember?" "Oh, *that*???" "Yes. I've already signed another contract..." [Hey, I'm not under any obligation to sign another contract with *him*! You'll note that he never mentioned the fact that he'd not received an invoice for that last $25K...interesting omission, eh?]
On Monday, October 11, 2021 at 6:03:23 AM UTC-4, Martin Brown wrote:
> On 10/10/2021 05:36, Rick C wrote: > > On Saturday, October 9, 2021 at 11:42:37 PM UTC-4, > > terrell....@gmail.com wrote: > >> On Friday, October 8, 2021 at 2:25:33 PM UTC-4, > >> gnuarm.del...@gmail.com wrote: > >>> A customer who is a pain in the ass (a very large company, so > >>> they think they can toss around my small company) assured me > >>> during negotiations they would be paying the net 30 invoices in > >>> 30 days. Because of the large manufacturing costs the float on > >>> the funds is significant. > >>> > >>> The first of many invoices was not paid in 30 days, but closer to > >>> 45 days. On investigation I found they pay late by design. They > >>> cut payments twice a month, 15th and 30th (or 31st I assume). If > >>> the 30 days is in the first part of the month the payment is made > >>> on the 15, likewise with the second half and the last day of the > >>> month. So by design they are paying up to 2 weeks late and > >>> *never* by the due date. > >>> > > <<< snip >>> > >> Don't push too hard, they may have someone design a replacement and > >> stop buying from you. > > > > They would have to work fast! That was actually threatened during > > the negotiations when my costs were rising with the delays and I > > tried to pass on those rising costs. But there are some complexities > > which I've mentioned briefly here and in more detail in other threads > > which make that awkward for them. Still, I took the threat seriously > > and started to comply with some of the demands so I did not lose this > > order. > You really have to decide what you want and think carefully about all of > the consequences of your actions. You may be legally able to enforce the > contract but you could well incur more expense and loss of goodwill from > doing that than you will gain in cash. Don't forget the time and effort.
I find it funny that people continue to talk about "loss of goodwill" when I have explained there is no goodwill issue. This CM is a lame duck and the goodwill between us was lost long ago. This will not take any "resources" to win because they need me to ship product and they have no basis for not paying according to the terms in a document signed by official representatives in all three companies. This issue is making them look bad to their customer over a few hundred dollars.
> > The long term concerns are not an issue. You may not have read the > > this full thread where I state this order is the final order of this > > product for two reasons. The product goes into equipment that is not > > RoHS. The company selling the equipment is, at the end of the year, > > switching contract manufacturers (CM) to a company that does not > > handle non-RoHS work... AT ALL. Because of the early on negotiation > > delays our delivery was pushed out into March of 2022. They asked > > for a plan to mitigate this, but we had already NCNR ordered > > materials with long lead times, making the cost of rebuying those > > materials through brokers very expensive. So that was rejected and > > they will deal with the delays. They ARE NOT worried about the > > delays impacting their customers because these goods are sold through > > contracts that take years to negotiate. So anything in first half of > > 2022 is fine. The bulk of the units go into inventory to support the > > next several years of sales. After that the product my units go into > > will be redesigned, most likely incorporating my units into the rest > > of their product as a standard feature which can be enabled by > > software. > You have a great aptitude for including a lot of extraneous detail > without explaining what the actual situation is and what remedy you are > trying to obtain. On the face of it their offer to pay pro-rata by the > day might be countered by rounding up to the nearest week to settle it.
LOL! You don't understand the relationship between this customer and my company, then when I try to explain it you complain about extraneous information. I have explained the matter is full detail and exactly what I hope to achieve. The customer has signed a document of Terms and Conditions including 30 days credit and 2% late fees. The customer wants to pay late and not pay the late fees. I want them to pay on time or to pay the full 2% late fees. Sounds pretty simple to me. What part don't you understand?
> I can count on the fingers of one hand the larger companies that > actually pay up on time. That is why I have such a clear stated policy > of no further work if there are unpaid invoices past their dues date. > > Getting lawyers involved will only make them dig their heels in and they > probably have in house ones well used to fending off such claims if they > are anything like the organisation I used to work for. > > I have only ever done it once and that was quite interesting to reclaim > our goods from a warehouse of a dealer that had gone bankrupt without > paying for them. The most memorable thing about it was that for some > reason it involved invoking the high court and Sheriff of Nottingham!
Fortunately this does not involve bankruptcy and I won't be extracting any goods because they have and will continue to pay the invoices. So that information is completely extraneous to the conversation. I'm very confident the in house lawyers will say pay the late fees and rebuke this person for bringing this petty matter before them. I expect the delay at this point is because she is jumping through hoops to get the invoices paid on time.
> > So I'm not worried about injuring my relationship with the CM who is > > being replaced when the product I sell is no longer needed. My > > concern right now is saving every penny I can on the production of > > this order. > I suggest you concentrate on that then rather than picking a fight with > your customer *and* their customer in addition. The goodwill or bad > feelings that you create can come back to haunt you long afterwards.
Ok, so you are just not going to read what I provided to you. Ok, but that means you have no valid view of what is going on. This issue *IS* about saving every penny. Right now the late payment fee is $1,000, give or take. There will probably some 100 such late payments during the course of this order, or $100,000. Does that have your attention now? It has mine.
> People that you have annoyed will never do business with you again and > will tell around a dozen others their tale of woe. If you have run into > a retaliator it could be even worse - they are much bigger than you.
You really refuse to read what I have written.
> Figure out what you want and express it much more clearly!
Perhaps you can point to the parts I wrote that you don't understand. -- Rick C. +-- Get 1,000 miles of free Supercharging +-- Tesla referral code - https://ts.la/richard11209