My question involves business law in the state of: New York but we do business across the US
I own a 3rd party staffing agency. We find Clients/job orders and fill them with candidates/employees. Each contract with the Client is a little different and even if we use our own, Clients will negotiate. In most contracts we have a certain Guarantee for the placed candidate. For example, If the candidate leaves within 3 months, we'll refund or replace that candidate.
Now my question is: If a Client don't pay on time (30 day pmt terms), and we have to chase for payment or they pay late. Do we still have to honor the guarantee if candidate leave in 75 days?
Moving forward, I'll have it explicitly spelled out but my previous book of Client terms... it wont be explicit. My thought process is, If they are not honoring or upholding the payment terms, why would we uphold the guarantee period. Am I completely off here?