Is this a fair T&C condition in a harvesting contract?

[TimberCutterDartmoor]

Is the person know to you ?

Do they have any references from previous contracts ?

Have they suficient funds for propmt payment ?

 

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Ha! References are dreadful! Evidence of sufficient funds shakey to say the least. If the job wasn't such a peach in itself I'd walk...

[growforest]

Doesn't sound very peachy to me, if you're already worried about being paid. I'd get a % upfront to cover your break-even at least, add as many words to your Ts and Cs as you see fit, and hope you get your final payment. Ensure invoices clearly state huge interest rates per day for overdue in big red letters....

[Wood wasp]

It won't be a peach if you don't get paid TCD! Get a drawdown once you arrive onsite, if he can't afford that then I'd suggest you either walk away or better option - buy the timber from him standing and you do the selling.

[TimberCutterDartmoor]

better option - buy the timber from him standing and you do the selling.

 

This was the original plan; he's refusing to do it this way now.

[jaime bray]

This was the original plan; he's refusing to do it this way now.

 

That sentence there smells to me of some one who is new to forestry/woodland ownership. Seems like He was keen to get it done and dusted with you taking all timber standing, and has since done some research and realised he may earn more money doing the sales himself.

 

If the above scenario is true, does he even have enougH money to cover your initial set up costs let alone pay to get it to roadside.

 

When I spoke to a solicitor regards terms and conditions, he said I can write them as well as you like but enforcing them through the courts can be open to interpretation from the courts.

 

Mine field, I'd keep an eye on this gentleman if I was you.

[wills-mill]

You're contracted to cut 3000 tonne of timber. Cut and extract rate agreed with landowner who is paying and marketing the timber himself. Small loading area so timber needs prompt and regular uplift.

 

My T&C is that in the event of non-payment, the timber produced transfers into the ownership of the cutter; to me that seems to only safety mechanism.

 

Any comments?

 

Thanks.

 

Do you put in something similar if there is dithering, the stacking site gets full and you can't get on with the extraction?

[renewablejohn]

Only problem I see is if he cant sell the timber then he will expect you to take the wood off his hands and not pay you for the work. Ok if you can dispose of it at a reasonable price but it then becomes your hassel to sell. Current problem I have with a reluctant payer.

[TimberCutterDartmoor]

Only problem I see is if he cant sell the timber then he will expect you to take the wood off his hands and not pay you for the work. Ok if you can dispose of it at a reasonable price but it then becomes your hassel to sell. Current problem I have with a reluctant payer.

 

Shifting the wood myself would be the preference anyway.

[A Townsend]

Shifting the wood myself would be the preference anyway.

 

Hi TCD,

 

Think I'd stear well clear as if you're already thinking things may get rough is the risk worth it? Why is it generally excepted by landowners/agents that it's ok for the contractor to lose out? No wonder forestry is dwindling in terms of personell.

 

Cheers,

 

Andrew

[luftwaffe]

I once had 3500t given to me for free, it was good size western hemlock on steep terrain which had to be skidded to roadside for the harvester to deal with, on completion of the job the owner a Indian chap that owns a string of flourists shops in London came up and congratulated us on a job well done and gave me a en scribed silver tankard to put on my mantlepiece, .. i dont get these terms and conditions very often.