John:
On your contract, you spell out everything you want in cold black ink! CYA,
man!
On my contract, I have a space I write whatever I want. It goes like this:
Surf Surf Sound, Inc., in good faith shall provide the following goods and/or
services. Then I have about a 1/4 page of blank lines. Then it says, "The
parties agree to the following terms of payment." Then a 1/4 page of blank
lines. So, I write whatever materials, equipment, etc. If I used an estimate out
of my Quickbooks, which I 99% use, I reference the estimate number and date.
On the payment section I spell out the terms, which is written as 50% deposit
before ordering. Upon receipt of deposit customer is called and a date is
set for installation. The remainder is due upon installation and final training,
or 30 days whichever occurs first. That way I have the install date
discussed on the contract, and can start my 30 days from that point. Legal and
BINDING is the key.
Then the legal mumbo jumo of how I will sue if they don't pay, and court
costs are on them, for unpaid amount plus interest, etc. I also have a section
about changes, and additional materials to be charged "pro rata". And these are
billed in change orders, OR additional billings.
Page two is the warranty. And here you cover your butt bigtime. I even have
in this part, if anyone else works on the system outside of the employ of my
company, the warranty is toast. We only cover new materials we install.
Customer's existing wiring is not included. So if you are installing in a
prewire, or replacing a system, faulty wiring is not an issue. If someone so much as
cuts a wire, warranty is toast. And don't forget the acts of God. We just
went thru Isabel here in OC, MD yesterday, and I'm gonna be busy today. One of
my hotels had a fire!!
So I hope this helps. And by the way, everyone gets this contract, I don't
care if it's for $10, they sign. Service calls are a different issue. I also
have a rental contact for when I rent my sound system or equipment.
Rent-A-Center takes deposits on the stuff they rent, you are no different.
Steve L. Martin
Surf Side Sound, Inc.
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