kotakhiral (kjhkjlh) 03 May 2010

invoice dispute

Hi..

I would really appreciate if experts can guide me for this issue...

we issue the bill/invoices to our clients on delivery of "printed material/goods". On the receival of goods we take signature of the person who has received the goods. So I want to ask is that is it necessary to take the stamp of the company along with the signature who has received?

i have to take more than 2lakhs of rupees from my one of the client which is pending from past 2-3yrs. we have been continuously asking them to clear the balance but they have been giving some or other excuses.

now before taking any strong action against them I would like to know that invoices/bills which we had sent them on the delivery of goods we had taken signature of person who had received but we didnt ask for their stamp. so legally is it possible to take any action against them?

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2 Replies

anne (later) 03 May 2010

Hi...

1. If your client is a company, then it is a must that you get their signature alongwith the stamp on delivery of goods. OR

2. You should have some proof of delivery. OR

3. If you have delivered good to them on earlier occasion only by obtaining a signature....and had received payments from them against it.....then you can use this as evidence to show that you had used the same procedure earlier also.

4. Also the post of the person who has signed the receipt of goods, is very important too.

Hope this helps..

Best Wishes

CA Adarsh Agrawal (CMD of SHAYVIDZ Group) 07 May 2010

Hello Kotakhiral !! If any evidence that can prove the order by that party and delivery of goods & bill/invoices by you, then the liability to py for the goods cannot be denied by the party.

Even in case u have no stamp on the delivery note, but u can prove that the person who received those goods were employee or agent of that buyer, then also the payment for those goods cannot be denied.

Its completely matter of fact.

If u had entered into in agreement with the buyer, then the clauses of that agreement will prevail on ur matter.

Remember that there should be no evidence of rejection of goods, being the goods not as per the specification or not of that quality for which he has ordered, supplied by u OR there should be no evidence of returning goods.

Also solicitate the views of other expert & senior members.