Ousting The Statutory Interest
Parties cannot contract out of the Act's provisions.
However, it is possible to oust the statutory interest requirements, and hence of the compensation provisions, if the contract provides a substantial remedy for late payment, sufficient either for the purpose of compensating the supplier for late payment or for deterring late payment. The meaning of "substantial remedy" will depend on circumstances and as developed in case law. Suppliers can be expected in time to delete other remedies (except against non-business buyers) and rely exclusively on the Act's generous provisions.
Read more about this topic: Late Payment Of Commercial Debts (Interest) Act 1998
Famous quotes containing the word interest:
“The prairies were dust. Day after day, summer after summer, the scorching winds blew the dust and the sun was brassy in a yellow sky. Crop after crop failed. Again and again the barren land must be mortgaged for taxes and food and next year’s seed. The agony of hope ended when there was not harvest and no more credit, no money to pay interest and taxes; the banker took the land. Then the bank failed.”
—Rose Wilder Lane (1886–1968)