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  #21  
Old 07-17-2005, 11:06 AM
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muddstopper muddstopper is offline
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You know, now that I think about it, the only people that have ever given me any problems are the halfbacks from NJ. You know the kind, the ones that move to Florida and then find they cant take the heat so they move half way back. Whats wrong with those Jersey people. Must be something in the BigRiver Water supply.
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  #22  
Old 07-17-2005, 12:21 PM
Mr. Magpie Mr. Magpie is offline
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Quote:
Originally Posted by bobbygedd
the only problem with that is, it's the same as a verbal agreement, and hard to prove in court. i can't make return trips cus they had thier sprinklers on, i can't let 5 weeks of service fees slide because some nutjob thinks i wasn't there, when i was. you are correct, the long contracts are intimidating. but business on a handshake is out of the question. i have never had a hard time getting anyone to sign my 3 pagers, and there is harsh language in them like, "court appearance, collection fees, etc." so i'm not sure if adding 2-3 more pages will drive them off. there are a few ways of looking at it. #1- they may think it's good to have all basis covered, and they are dealing with a real pro. #2- it may scare them. #3- they may be bad clients, and this will weed them out right away.
My advice to NOT bring out the contracts for the OP situation you described was because it was a spur of the moment thing. Juts cut the grass, immediately. Contracts can come into play later, can't they?

By the way, what DID you do in this situation?
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  #23  
Old 07-17-2005, 02:11 PM
bobbygedd bobbygedd is offline
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which situation are you speaking of?
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  #24  
Old 07-17-2005, 02:18 PM
RichmondR RichmondR is offline
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Bobby --

If you keep good written records, they can be introduced in court as business records to prove the truth of whatever you need to prove, even without something in the contract saying so. For instance, if you keep a log of everytime you visit that customer with the day, and maybe the time, of the visit, you can go to court with that and state, "Your honor, here are copies of my time logs showing the date and time I serviced Mr. Deadbeat's lawn. I keep these time logs on a daily basis and update them after every visit to every property that I service. I use these time logs as business records as the basis for, among other things, sending out my bills. As you can see, I visited Mr. Deadbeat's property on the dates of ___, for a total of 6 visits at $___ per visit, for a total of $______."

Unless Mr. Deadbeat has some kind of good evidence that you weren't there, or he can otherwise show that your records aren't accurate, you stand a very good chance of winning. I suggest you avoid something as strongly worded as you are proposing, but you could say: "We regularly keep a time and date log of when we service your property and you agree that the records in our log will govern any dispute between us as to the service we provide you."
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  #25  
Old 07-17-2005, 02:28 PM
bobbygedd bobbygedd is offline
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Quote:
Originally Posted by RichmondR
Bobby --

If you keep good written records, they can be introduced in court as business records to prove the truth of whatever you need to prove, even without something in the contract saying so. For instance, if you keep a log of everytime you visit that customer with the day, and maybe the time, of the visit, you can go to court with that and state, "Your honor, here are copies of my time logs showing the date and time I serviced Mr. Deadbeat's lawn. I keep these time logs on a daily basis and update them after every visit to every property that I service. I use these time logs as business records as the basis for, among other things, sending out my bills. As you can see, I visited Mr. Deadbeat's property on the dates of ___, for a total of 6 visits at $___ per visit, for a total of $______."

Unless Mr. Deadbeat has some kind of good evidence that you weren't there, or he can otherwise show that your records aren't accurate, you stand a very good chance of winning. I suggest you avoid something as strongly worded as you are proposing, but you could say: "We regularly keep a time and date log of when we service your property and you agree that the records in our log will govern any dispute between us as to the service we provide you."
yes richmond, i agree it's strong, but i need to avoid the 25 minute ordeal i went thru with the client at hand. i like my time, i aint wasting it trying to convince some idiot that i cut his lawn. imagine that, some guy telling me, that i wasn't there? they must understand that my records are the final deciding factor on how much they will pay
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  #26  
Old 07-17-2005, 03:02 PM
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rodfather rodfather is offline
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Quote:
Originally Posted by bobbygedd
i understand, but how do you adress these issues? they MUST BE adressed. the sprinkler thing for example, how do you adress that? the "you werent here" crap, how do you adress that?
If they said you weren't here, I would say, "Fine then. Who did cut your grass the last 5 weeks if it wasn't me?"
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  #27  
Old 07-17-2005, 03:08 PM
bobbygedd bobbygedd is offline
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Quote:
Originally Posted by rodfather
If they said you weren't here, I would say, "Fine then. Who did cut your grass the last 5 weeks if it wasn't me?"
i did, you know what he said? "NOBODY, it wasn't cut" this made me want to smack him right in front of his wife. 5 weeks without a cut, would result in a cornfield!. it always struck me as odd, how someone could have work done on thier property, and not know it. i have a grapevine, with roughly 10,000 grapes on it. if i leave in the morning, and come back at 3 pm, if a bird took even one grape off that vine, i would notice it missing the minute i pulled into the driveway. and this guy, didn't notice his lawn was mowed, wacked, and edged, 4 weeks in a row!
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  #28  
Old 07-17-2005, 03:10 PM
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rodfather rodfather is offline
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Well Bob, I would just get my money out of this guy and cut him free if it were me. He's a problem child is all.
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  #29  
Old 07-17-2005, 03:18 PM
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coastallandscapesolutions coastallandscapesolutions is offline
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Quote:
Originally Posted by bobbygedd
i understand, but how do you adress these issues? they MUST BE adressed. the sprinkler thing for example, how do you adress that? the "you werent here" crap, how do you adress that?

Bobby,

First, change your font to size 8. Then use legal paper. That should cut it down to 4 pages. Be sure to get one of those blue legal jackets for the paperwork like attorneys use. Be sure to have it witnessed and notarized to make it legal.

We always like the personal touch. The main part of our contract deals will late fees and collection issues should they come up. It's pretty straight forward.
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  #30  
Old 07-17-2005, 03:25 PM
topsites topsites is offline
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Quote:
Originally Posted by bobbygedd
you mean you have NEVER had a client dispute a bill, or a service date?
Yes but I don't freak because I am never too sure myself wtf is going on, so I usually am as puzzled about it as they are, lol.
So I WALK (not run) to the truck and go get my schedule (where record-keeping happens), then I walk back to the customer and sit down in front of them as I open (calmly) the Premium statistical 6-column analysis pad where I keep ALL my customers with dates and cuts, etc, etc, etc... THEN we go through it, see what is going on, you know:
- Ma'am / Sir, here I show on the 6th of June (exampel) that I cut your grass now you're on a 12-14 day schedule but the next cut happened on the 16th apparently, I think cauz the 17th was supposed to rain so then I skipped you for a bit to average things out, the last cut was on the 6th July since things dried out blablabla...

And sometimes, every once in a blue moon, we disagree and it is ALWAYS over a 1 grass-cut discrepancy (they say 4, I say 5, as an example). Now if this is a one-time thing and they do not do this all the time, I just let them have that grass-cut, take my check for the 4 and have a nice day.

u 2 uptight man, I don't even do contracts and if you ran my business you wouldn't either - there isn't enough time for that, because too much work.
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