Back To Back Payment Terms
For example if you borrow 100 usd and you agree to pay the lender 10 each month until.
Back to back payment terms. There is no hard and fast rule as to which approach to adopt when drafting back to back sub contracts. It typically involves three counterparties of which one is the buyer in one transaction and the seller in the other thus acting as an intermediary between the two others. A common feature found in back to back contracts is a provision that payment to the subcontractor will be conditional upon the main contractor receiving payment under the main contract. What lessons can be learned from this.
Back to back payment with these back to back payments the subcontractor does not only feel responsible for his task but also for the project as a whole. One of the issues before the court was the meaning of the term back to back payment. This structure requires however a clear description of each others tasks and also a procedure how the subcontractor can enforce payment if the reason that the client does not pay lies with the main contractor. Termination events and compensation on termination.
Wan chung engaged the defendant super king as its sub contractor who in turn engaged the plaintiff tim lee as a sub sub contractor. Import and export lc s show same terms and conditions except for the price of the goods nature of goods delivery place and terms pay location documents etc not all banks accept a back to back schema as it involves some degree of risk for the bank itself. Have legally permitted the main contractors to use back to back payment terms while some other states such as california and new york considers the back to back payment clauses as illegal clauses. For these clauses you might need to draft language into the subcontract that expresses the desired terms from the principal contract as opposed to relying on a default blanket incorporation by reference clause.
Payment terms are the arrangement that you have with your creditor for repaying the obligation to them. A back to back letter of credit is usually used in a transaction involving an intermediary between the buyer and seller such as a broker or when a seller must purchase the goods it will sell. A back to back transaction consists of two legally separate but economically linked sale and purchase transactions which otherwise share the same trade details. An overview of back to back payment clause in different countries united states of america some of the states in the usa such as alabama alaska arizona etc.