- MemberApril 25, 2007 at 11:58 am
John, the assumption is that Martin had the clause on his invoice. I don’t see in the original post any mention of the clause tho.
I’m pretty sure the law here is similar to yours though. As has been stated, in a court, if the client has not signed the clause specifically, the lawyers will have a field day. The client must sign the clause acknowledging ‘they read and agree to the terms of the contract’ or ‘account terms’. Otherwise it not worth the paper it is written on.
Basically it will deter the client that wants to be smart, but you can call their bluff. But if the client has any experience with the law, he’ll know his rights. Right will be on his side in this case if the document has not be duly signed.
I still think you’ll find the law will be against you on this, if you remove it from the building. You can bet he’ll get his lawyers on to you, and then you’ll have more expense defending your actions, when a quick call to a solicitor could circumvent any problems later.
Just my 2c’s
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