Company-supplier agreements to delay payment for more than 60 days are void

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The fight against non-payment to suppliers continues to advance. The latest step has been taken by the Supreme Court in issuing a new ruling in favour of a subcontracting company that was forced to agree to collect its invoices after 180 days in order to obtain the contract.

The establishment of this payment term has been considered by the judge as an abuse committed by the contractor.

Non-payments to suppliers, excessive delays in collections, the establishment of abusive agreements between companies and suppliers, are just some of the difficulties that thousands of companies face on a daily basis.

However, we cannot forget that for any company, and even more so if we are talking about SMEs and the self-employed, payment is an injection of liquidity that allows new projects to be undertaken and the continuity of those that are already underway.

As a result of the last economic crisis, thousands of companies have been forced to close down. Many times, this closure has been a consequence of suffering from late payment policies or non-payments to suppliers.

With this ruling, the High Court has decided to put an end to the collection abuses suffered by suppliers.

It ruled that compliance with the 60-day deadline is mandatory under the law on combating late payment in commercial transactions, and therefore any agreement between contractors and subcontractors that exceeds this period is “null and void”.

There is only one exception: establishing the payment term in a period not exceeding 90 days when the conformity with the goods or services rendered must be verified.

Bufete Salmerón specialises in the provision of legal services aimed at guaranteeing the supplier’s collection within the deadlines established by law, as well as the recovery of unpaid or defaulted debts. If your company is in arrears or is the victim of late payment, please contact us on 954 536 038, on the web or by e-mail at administracion@bufetesalmeron.com , and we will help you. We know how to get back what’s yours.

Image by Stuartmiles (Freedigitalphoto)

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