Disclaimer for Idiots that come back on you

Discussion in 'Landscape Architecture and Design' started by clyde, Jul 10, 2007.

  1. clyde

    clyde LawnSite Senior Member
    Posts: 335

    Hi

    I had a situation where the sod we put down was a little YELLOW and the customer was really moody about it. So , she decided not to pay for the sod for 2 months after hassling with her i got her to pay for the 3 pallets of centipede. Does anyone have a Disclaimer that takes the load off them for materials like sod. Or know where to get one?
     
  2. Albery's Lawn & Tractor

    Albery's Lawn & Tractor LawnSite Bronze Member
    Posts: 1,674

    Sure. Money for materials is due before we start. Balance is due upon completion
     
  3. Lawnamus

    Lawnamus LawnSite Member
    Posts: 32

    Difficult situation. If you ordered the sod, then you are responsible for accepting or not accepting. If you know the customer is picky, then make them approve or dissaprove. Cathch 22, but I agree with Albery...money for materials when delivered ... and the rest we can fight over.
     
  4. shovelracer

    shovelracer LawnSite Silver Member
    Posts: 2,009

    50% on contract signing, up to 90% once work is started, balance do immediately upon completion. It is your responsibility to verify that the product you get is exactly what the customer expects.
     
  5. lifetree

    lifetree LawnSite Fanatic
    Posts: 5,369

    90 % once work is started seems a little steep to me !!
     
  6. Stillwater

    Stillwater LawnSite Platinum Member
    Posts: 4,843

    I would not have layed yellow sod, I would not have even accepted it.
     
  7. shovelracer

    shovelracer LawnSite Silver Member
    Posts: 2,009

    Ive never collected that, but last I checked that was what I was legally entitled to. Doesn't really apply to us, but lets say you are building a $1.5 mil home. The customer wants all high end appliances and $200 light bulbs. You are only supposed to make $350K off the deal. Are you supposed pay for $400K of this junk that you havent collected for. I think not. I believe that is why it is that way. I collect 50% just to hold a spot on the schedule and that could be 6 weeks away. I wont touch anything over $500 without a contract and 50%.
     
  8. PatriotLandscape

    PatriotLandscape LawnSite Bronze Member
    from MA
    Posts: 1,209

    get stiffed a few times and you'll want 100% :D

    We do 30% down, 30% when we start 30% when we are done with prep final 10% due on the day we say we are finished.
     
  9. tthomass

    tthomass LawnSite Gold Member
    from N. VA
    Posts: 3,497

    I am a 50/50 guy. A good business relationship is one which both have even ground. You both have a contract, stick to it and you'll come out okay.

    I do NOT warranty sod. I give the customer watering instructions and tell them that if it dies its because they did not water it...........that is always the case. You can kill it from too much water too.

    I did sod a couple weeks ago and it was a little yellow. There is a drout......its life. Watered it and it came through great. Now 4 pieces did die (too much water) but they have signed for additional work and I'll replace the 4 because I'm a nice guy and they're good customers. If the 3,000SF+ we put down died, well sorry.
     
  10. clyde

    clyde LawnSite Senior Member
    Posts: 335

    I got stiffed!!! ALMOST got my credit at this place i used which sort of has a monopoly on what they sell. Large rocks and special hardscaping stuff in my town. WHICH MEANS i have to use them they are in a good Central location for my work. IAM laying the hammer down on any new customers about all this ... paying in advance.
     

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