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Author Topic: Service Contract with Seller  (Read 46 times)
Technomahiks
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April 15, 2018, 04:43:28 AM
 #1

Hello


We are running an own company and and we would like to take the service from a seller. But seller asking upfront payment so we would like to take an agreement for the deal.

All conversation via email.

What type of agreement works legally ? Is there possible to take a legal action against the seller?
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paulmaritz
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April 15, 2018, 01:02:50 PM
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Hello


We are running an own company and and we would like to take the service from a seller. But seller asking upfront payment so we would like to take an agreement for the deal.

All conversation via email.

What type of agreement works legally ? Is there possible to take a legal action against the seller?

If there is no formal agreement in place, then you will have very little recourse should the seller decide not to stick to his/her end of the deal. You could make use of the traditional legal system to have a formal contract drawn up before sending any money. However, given the time and age, you might want to consider a blockchain-based smart contract solution such as proposed by doctailor. If I were you, I would contact them for advice.
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April 15, 2018, 04:38:36 PM
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All conversation via email.


There are cases, when email thread becomes a legally binding agreement.

Quote
One recent New York decision found that “given the now widespread use of email as a form of written communication in both personal and business affairs, it would be unreasonable to conclude that email messages are incapable of conforming to the criteria of (the New York version of the UETA) simply because they cannot be physically signed in a traditional fashion”

You can check this link for the full text and more examples: https://www.legal.io/guide/551c797e777777655d8e0000/What-Do-You-Mean-We-Have-A-Contract-How-to-Prevent-an-Email-Exchange-From-Inadvertently-Becoming-a-Binding-Contract

However, any dedicated electronic or paper contract will be better for the enforcement, since it will have a better structure and clearer terms, rather than an email thread, which will be a subject to interpretation.
Technomahiks
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April 16, 2018, 12:07:19 PM
 #4

We both party from different country, we would like to offer a sign a document with terms/condition. As SERVICE CONTRACT

What if 2nd party use a fake name, fake sign in a contract document? Is there possible to take legal action against him?


Hello


We are running an own company and and we would like to take the service from a seller. But seller asking upfront payment so we would like to take an agreement for the deal.

All conversation via email.

What type of agreement works legally ? Is there possible to take a legal action against the seller?

If there is no formal agreement in place, then you will have very little recourse should the seller decide not to stick to his/her end of the deal. You could make use of the traditional legal system to have a formal contract drawn up before sending any money. However, given the time and age, you might want to consider a blockchain-based smart contract solution such as proposed by doctailor. If I were you, I would contact them for advice.
Technomahiks
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April 16, 2018, 12:10:29 PM
 #5

Thank you sir.


All conversation via email.


There are cases, when email thread becomes a legally binding agreement.

Quote
One recent New York decision found that “given the now widespread use of email as a form of written communication in both personal and business affairs, it would be unreasonable to conclude that email messages are incapable of conforming to the criteria of (the New York version of the UETA) simply because they cannot be physically signed in a traditional fashion”

You can check this link for the full text and more examples: https://www.legal.io/guide/551c797e777777655d8e0000/What-Do-You-Mean-We-Have-A-Contract-How-to-Prevent-an-Email-Exchange-From-Inadvertently-Becoming-a-Binding-Contract

However, any dedicated electronic or paper contract will be better for the enforcement, since it will have a better structure and clearer terms, rather than an email thread, which will be a subject to interpretation.
sung129
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April 16, 2018, 04:38:18 PM
 #6

In some industry, verbal can be used as a binding contract.
But a formal written contract will save you time and money if you ever had to go to court.




Thank you sir.


All conversation via email.


There are cases, when email thread becomes a legally binding agreement.

Quote
One recent New York decision found that “given the now widespread use of email as a form of written communication in both personal and business affairs, it would be unreasonable to conclude that email messages are incapable of conforming to the criteria of (the New York version of the UETA) simply because they cannot be physically signed in a traditional fashion”

You can check this link for the full text and more examples: https://www.legal.io/guide/551c797e777777655d8e0000/What-Do-You-Mean-We-Have-A-Contract-How-to-Prevent-an-Email-Exchange-From-Inadvertently-Becoming-a-Binding-Contract

However, any dedicated electronic or paper contract will be better for the enforcement, since it will have a better structure and clearer terms, rather than an email thread, which will be a subject to interpretation.
sung129
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April 16, 2018, 04:40:35 PM
 #7

It will not be a legal contract as it was not made with each individual from the principal of each company.

This most likely will be the criminal case of fraud.



We both party from different country, we would like to offer a sign a document with terms/condition. As SERVICE CONTRACT

What if 2nd party use a fake name, fake sign in a contract document? Is there possible to take legal action against him?


Hello


We are running an own company and and we would like to take the service from a seller. But seller asking upfront payment so we would like to take an agreement for the deal.

All conversation via email.

What type of agreement works legally ? Is there possible to take a legal action against the seller?

If there is no formal agreement in place, then you will have very little recourse should the seller decide not to stick to his/her end of the deal. You could make use of the traditional legal system to have a formal contract drawn up before sending any money. However, given the time and age, you might want to consider a blockchain-based smart contract solution such as proposed by doctailor. If I were you, I would contact them for advice.
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