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This often affects additional services offered by the factor in order to best adapt the factoring service to the needs of the business. An example of this includes a recruitment specialist factor offering payroll and back office support with the factoring facility; a wholesale or /distribution factor may not offer this additional service.
Business efficacy: The implied term must be necessary for the business efficacy of the contract. For instance, if the term simply causes the contract to operate better, that does not fit this criterion. This is the principle laid out in The Moorcock. [18]
Service-based SLA: An agreement for all customers using the services being delivered by the service provider. For example: A mobile service provider offers a routine service to all the customers and offers certain maintenance as a part of an offer with the universal charging. An email system for the entire organization.
Here’s an example using the $100,000 loan with a factor rate of 1.5 and a two-year (730 days) repayment period: Step 1: 1.50 – 1 = 0.50 Step 2: .50 x 365 = 182.50
whether terms are implied into the contract; what controls are placed on unfair terms; The terms of a contract are the essence of a contract, and tell the reader what the contract will do. For instance, the price of a good, the time of its promised delivery and the description of the good will all be terms of the contract.
For example, if you have a $25,000 loan with a factor rate of 1.25 and an expected repayment term of 180 days, the calculation would look like this: 1.25 – 1 = .25 .25 x 365 = 91.25
An offer is defined as a promise that is dependent on a certain act, promise, or forbearance given in exchange for the initial promise [26] An acceptance is simply the assent of the other contracting party or parties to the terms stipulated in the contract. As an offer states the offeror's willingness to be bound to the terms proposed therein ...
The project is then invoiced to the customer based on the actual costs incurred plus the agreed margin. It is essentially the same as what is known (especially in the U.S.) as a cost-plus contract. This contract form is popular to ensure that a competitive price is obtained, for instance in cases where tender competitions are impractical.
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