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商业文件如何审阅•发票

在美国开公司需注意法律问题系列

美国是法治社会,可以理解为任何大事小情都离不开法律的解释。一般公司不论大小都有其企业律师为其起草并审阅各种文件。像美国的“家庭医生”一样,公司需要自己的“公司律师”。想要开发美国市场的中国公司,初来乍到,对美国法律不了解不熟悉,聘请其企业律师至关重要。

Business Invoice

我们经常遇到过公司与其客户之间因为未能及时支付相关费用而引起的纠纷。公司在给客户提供产品或服务之后,却需要等待数月才能收到应付款项。有些行业不能先收费,一般是先提供产品或服务,然后客户付费,从事这些行业的公司需要格外谨慎。对这类公司我们会提供意见让其修改合同或发票。有些简单统一格式的发票可以在网上或者店里购买,但是这些简单发票一般没有任何条款可以保护到公司。发票有时候是第一份给客户的文件,有时候是最后一份,但却是用于保护企业的重要文件之一。

除了如客户姓名,地址,联系方式,商品介绍,价格,付款方式等基本信息以外,发票还需要包括其它重要因素。举例来说,如果客户不付款会产生的后果。比如由此产生的罚款,利息,律师费等;担保条款;退换条款;以及对未在合同里列出的问题产生争端时所适用的法律等。

Business Invoice

同时可以考虑加上一些优惠条款促使客户及时付款,以及避免由于欠款而带来的损失。如果发票或合同上写的不明确,即使拖欠款得以讨回,公司支付的律师费却可能无法让欠款客户赔偿,导致公司遭受经济损失。

发票看似简单,却是很重要的一个商业文件,很多头痛的法律诉讼都是由于刚开始公司出具的不严谨的发票,需要谨慎对待。

Why Have Your Business Documents Reviewed and Updated?

We had a business see us about some issues with its clients not paying it in a timely manner. It appeared the business did the work and shipped the goods to its clients, but would have to wait months for payment. We offered it several suggestions, including accepting payment up-front, but was told that it was not the custom from where it came from to receive payment first, but only after the work was done.

We then reviewed its contracts and correspondences and recommended making certain changes to them. One thing that was changed were how their invoices were drafted. Invoices are often the first and sometimes the last document that goes to the client, but can also be used as an important document to protect businesses.

Apart from the mandatory things such as client name and item details, an invoice should contain various other important elements. It may contain clauses for consequences for non-payment such as late fees, interest, and attorney fees; warranty terms; conditions for replacement and returns; and applicable law that governs – items that may not have been properly or fully addressed in the original contract for the sale of the goods and services provided.

By adding clauses to the business’s documents to give incentives to their clients to make payments quickly and to protect the business from losses should something go wrong (we did have to explain that while we could bring suit against a few of their non-performing clients, it may not be able to be reimbursed its attorney fees because of how their contracts were drafted), we were able to have the business receive timely payments without the need for threats of litigation.

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