Claims in respect of previous contractual arrangements and invoice formats
We are trading with a client on a contract since 2016
They were invoiced for services rendered monthly with electronic invoices (pdf) which comply with the Vat act (ie valid tax invoices). Invoices were paid in full each month and account queries were resolved on a monthly basis.
This arrangement was renewed in 2018 and a new contract was signed, the preamble which states that “this contract formally replaces any previous contract” and “neither parties will have a claim against each other arising out of previous contracts”
Subsequent to the signing of the 2nd contract, the client entity is under new management and has requested all invoices for the past 3 years in excel format in order to identify any errors and potentially see credits as the old management could not do so in Pdf.
1) Am I legally obliged to provide the invoices in Excel if the Pdfs constitute a valid invoice?
2) Will I be obliged to pass credits in respect of any period before the signing of the new contract, having regards to the preamble to the contract which indicates that no claims shall arise against each party as a result of previous contracts
Apologies for a late response arising from a technical glitch. Without sight of the contract it is difficult to give a thorough response. However if the PDF version accurately reflects the excel version, then there is no reason to withhold the excel version. Unless if there is good reason to. Secondly the new management succeeds the old, and as a result they are entitled to the history of the company. All will depend on what was meant by “claim” in your old contract, and where it arises. If it arises out of an error, fraud, over invoicing, etc, it will be the prerogative of the new management to contest it in a court of law, failing an agreement. Regards.