Covering my back when customers don't pay/cancel work....

[Rick2517]

So in that case you can write those terms into the quotation, rather than on a seperate t&C's. Thats quite normal, any problem that came up during the site visit should be written into the quote, so if they want a hedge fell in summer and you say about birds and then add that into the quote then thats fine. But you cant really have a t&c that stated you will charge for incompleted work due to nesting birds. It would be upto you to plan the work around nesting season or survey the trees for nests beforehand where possible. Thats why most site clearance happen in jan/feb/march.

 

If the client insists on it being done in summer then you can add as many clauses as you like to the quote or just put in a higher price.

 

The terms are written on the quotation page for all to see and explained to all customers before they except. I do not believe it is possible to find all nesting birds before work starts, nether is it possible to predict weather they will be nesting later on after quote and before work starts. I can put what I wish in my terms and will continue to do so. Weather or not it will stand up in a court is another mater but so far it has protected me when needed so I will continue to do so

[Le Sanglier]

I'll be sure to use a false passport next time I return.

[Rupe]

The terms are written on the quotation page for all to see and explained to all customers before they except. I do not believe it is possible to find all nesting birds before work starts, nether is it possible to predict weather they will be nesting later on after quote and before work starts. I can put what I wish in my terms and will continue to do so. Weather or not it will stand up in a court is another mater but so far it has protected me when needed so I will continue to do so

 

Yes, I'm agreeing with you that it is perfectly acceptable to put terms like that in as part of the quotation, especially as its been discussed while quoting.

 

What I was sceptical about was having t&c's sent along with the quote that contains a section relating to nesting birds. What customers would call "the small print". If you look at a job, give a price and then back out due to birds and try and point out a paragraph in your terms and conditions thats says you want paying then I think (rightly) you would be laughed at. With tree work you have to complete the work to get paid, anything else is a fail. Its quite simple, if you dont think the work is correct for the time of year then put that in your quote and maybe it would be best not to accept the work, but if you get it and they have agreed to pay you to not complete it then fair enough. Them signing that they have read some blanket t&c's wont help much. IMO.

[Rupe]

It's not just collateral damage, it's a criminal offence. It's up to individuals to operate that way if they choose, but (a) they have to be prepared to face the consequences and (b) they shouldn't really advocate it on a public forum.

 

He's in France though? Nothing to do with us what he advocates.

[Pete Hart]

Thanks for the advice Rupe, your right in saying that the good ones would have no problem in signing something. I am more than happy to do extra work for customers and more often than not it gets done in return for a slice of cake and a brew!! But as i found this week, its people trying it on (creating an extra 2 hours work!) and creating a very awkward situation that you feel uneasy about (i.e feeling like you have to do the extra to actually get paid for what you came to do!).

 

I would like to think i have very high standards and i seem to be left feeling disheartened by the lack of standards the people ive been working for of late....

As ive mentioned above its mainly my own doing of not being firm and not having things written down and signed.

 

Thanks to everyone who has comented so far!

[Rick2517]

Yes, I'm agreeing with you that it is perfectly acceptable to put terms like that in as part of the quotation, especially as its been discussed while quoting.

 

What I was sceptical about was having t&c's sent along with the quote that contains a section relating to nesting birds. What customers would call "the small print". If you look at a job, give a price and then back out due to birds and try and point out a paragraph in your terms and conditions thats says you want paying then I think (rightly) you would be laughed at. With tree work you have to complete the work to get paid, anything else is a fail. Its quite simple, if you dont think the work is correct for the time of year then put that in your quote and maybe it would be best not to accept the work, but if you get it and they have agreed to pay you to not complete it then fair enough. Them signing that they have read some blanket t&c's wont help much. IMO.

 

But I Never once said that I send them a separate page of terms and conditions"small print" nether did I say that I make the customer pay in full before work is complete, in actual fact I strictly refuse any payment before any work is complete. my post was just an example of what I put on the bottom of my quotations to cover my butt. It is not written in small print and it is only on there if I wish to include it because I feel like it needs to be. if it is included then it is physically explained to the customer why it has been added and they will either agree or disagree.

 

im not in the game of trying to catch people out with miner "small print" misunderstandings. I just do what is necessary to cover my company, and it works!!

 

Anyway the point of the original post was that you need terms and conditions to be understood and agreed to at the quotation stage and the examples I then went on to describe where purely just that (examples)

[Rick2517]

I Take it back looking at my reply earlier it did come across that I take the money before work is complete. sorry this was just a general answer to that mans question that yes I charge extra but that charge will go on top of the final bill and it is usually a £75 cal out fee to cover costs of re visiting site.

[Rupe]

A good firm NO goes a long way.

 

But you may have misunderstood me, I think the good customers would (in some cases) be upset to sign some kind of contract, and the bad ones will just go with someone else who doesnt have a contract, so t&c's are a bit pointless IMO.

 

If you ever meet someone you just dont want to work for then put them off by pulling out a contract that they have to sign, but not for every single person you work for.

 

But the quote shoudl be specific about what your going to do and if they ask for extras that mess up your day (2hrs is bit more than a favour) then you need to tell them how much extra thats going to cost. My usual method is to say we can do the extra work but it would mean I would have to cancel my next £200 job that I was going to fit in that day so if they are happy to cover that then I'll do it. they usually say no! Of course I only say that when I dont like them enough to do any extra work, if I did like them (and their tea and cakes) and I had time I woudl do it for maybe a few quid extra or nothing at all.

 

So I dont think you need to get them to sign anything unless you are really unsure about them, but you do need the work written down and explained well in a quote, if you email them the quotes and ask them to e mail you back with a yes if they want you to go ahead, then their email will count as an acceptance of your quote.

 

I do sometimes get a bit annoyed with customers who I have emailed a quote to then phoning me on my mobile to accept but with some alterations/ommisions and I often ask to please write it all in an email, not because I dont trust them (I dont) but because I'm "up a tree" or "walking the dog" and dont have a pen!!

[Rupe]

My last post above is in response to yaffle trees post.

[Rupe]

But I Never once said that I send them a separate page of terms and conditions"small print" nether did I say that I make the customer pay in full before work is complete, in actual fact I strictly refuse any payment before any work is complete. my post was just an example of what I put on the bottom of my quotations to cover my butt. It is not written in small print and it is only on there if I wish to include it because I feel like it needs to be. if it is included then it is physically explained to the customer why it has been added and they will either agree or disagree.

 

im not in the game of trying to catch people out with miner "small print" misunderstandings. I just do what is necessary to cover my company, and it works!!

 

Anyway the point of the original post was that you need terms and conditions to be understood and agreed to at the quotation stage and the examples I then went on to describe where purely just that (examples)

 

I'm not saying that you said anything of the sort. I'm really trying to answer the queries to the original poster, and I'm agreeign with you your way is good.

 

And then I'm saying small print etc is not a good idea, but only to point out that putting it in the quote is a good idea!

Edited January 31, 2013 by Rupe