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We have a project in India, where we and a customer from India are the contractual parties. It is a contract regarding supervision of erection and commissioning of gas turbines. The contract is governed by the laws of India. We have personnel on site for this works and have invoiced the customer in accordance with the agreed payment milestones. Now the customer is late with its payments and we wonder what rights we have in this case. Unfortunately the contract is silent in this point, which means that we only have the right granted by laws in India?
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I would like to suggest you that if you are covered under the Small Scale Industries make a reference before the Industry Facilitation Council under the provisions of the Micro, Small and Medium Enterprises Act, 2006. It has an overriding effect over any terms of the contract. For more contact me for legal opinion.
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