can you guys take a look at this for me?

Discussion in 'Heavy Equipment & Pavement' started by Dirt Digger2, Mar 18, 2008.

  1. Dirt Digger2

    Dirt Digger2 LawnSite Silver Member
    from PA
    Posts: 2,396

    hey guys, take a look at this contract i made up for hay delivery. Basically its just covering us in case someones horse dies from moldy hay or someones barn burns down from hay combusting. Let me know what you think with your best CONSTRUCTIVE criticism. Let me know if you can think of any loopholes that you might see in this. I don't want anyone suing us over stupid things.

    thanks
    -Bryan
     

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  2. IA_James

    IA_James LawnSite Silver Member
    from Iowa
    Posts: 2,593

    In one line you say your are no longer responsible once you've received payment, but in another you say that you not responsible once it's off the delivery vehicle. I'd have my lawyer look it over and see if that would stick, he might rewrite the whole thing just so there is absolutely no wiggle room in it.
     
  3. Dirt Digger2

    Dirt Digger2 LawnSite Silver Member
    from PA
    Posts: 2,396

    thanks...i'll go in and change that
     
  4. travislakerat

    travislakerat LawnSite Member
    from Texas
    Posts: 28

    Another way to write a doc like it is to be very matter of fact. My suggestion ( I'm no lawyer ) would be to leave out person statments or opinions ie

    We do not sell products that we ourselves would not use for our own personal uses.

    The court will not look at this in the best way. Use assertive sentencing and be very matter of fact. Wrtiting something like this will help some, but if you really want to CYA you need to have an attorney write it. If you don't want to do that, I have also seen several websites that sell attorney written forms that you can buy for $20-30. That is pretty reasonable. Check it out and good luck.
     
  5. RockSet N' Grade

    RockSet N' Grade LawnSite Silver Member
    Posts: 2,454

    I've been buying hay for over 30 years. I would never sign that, and the way it is written, I would not buy your hay for my horses........I know what you're trying to accomplish and I am in your corner on this. You are offering too much information and trying to cover too much. It is your responsibility as a grower to be able to get the right dew content when you are baling.....that is just part of your job. If you get it wrong, and you bale wet then you are gonna have mold and it is your responsibility to make it right. From what I have seen through the years, its not the occasional bad hay that you are going to have a problem with, it is getting the money. It's funny, but whenever we delievered and started stacking, alot of people get in their trucks/cars and split for some "errands". When we were done stacking, no one around for the check.......we have taken saddles, bridles and all sorts of stuff as "security" until we got paid. Just draw up a simple contract that states how much a bale, a deposit amount up front ( 50%) and final payment upon delievery and inspection. That should cover you and make sure you get the money before you unload!!!!
     
  6. Dirt Digger2

    Dirt Digger2 LawnSite Silver Member
    from PA
    Posts: 2,396

    i know its really upfront, but the last thing i need is for someones barn to burn down because 1 bale might be a little too wet. I was figuring that i would use this more toward commercial customers as opposed to smaller horse farms where we will be selling mass quantity's.
     
  7. RockSet N' Grade

    RockSet N' Grade LawnSite Silver Member
    Posts: 2,454

    I am just a small 5 horse operation. I live next to a 50 brood mare operation. I lived and operated a boarding stable of 150-200 head of horses.......they tend to operate the same. I also worked on a cow-calf operation, dairy farm in Phoenix and dairy operation in Illinois.........same operation except with dairy, the hay doesn't have to be "pristine" like in a horse operation. You'll be ok if your product is good and stand behind its quality. A simple release at time of final payment will be more than sufficient.
     
  8. Dirt Digger2

    Dirt Digger2 LawnSite Silver Member
    from PA
    Posts: 2,396

    thanks rock set, maybe thats what we will do. Just add a line on our bill that says signing this releases all of our liability. I figured the contract would be a little much but you can never be too safe in todays age.
     
  9. RockSet N' Grade

    RockSet N' Grade LawnSite Silver Member
    Posts: 2,454

    DirtDigger........the biggest problem with the "hay boys" around here is getting paid. If you have good quality hay, you are in the drivers seat........but get the money! Don't unload until they inspect (cut a few bales open) and give you the check!!
     
  10. Dirt Digger2

    Dirt Digger2 LawnSite Silver Member
    from PA
    Posts: 2,396

    believe me, we found that out the hard way, they don't have the money they dont get hay, they only have half, they only get half....i don't wait for people to get me the money, i just go find someone who will give it to me now
     

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