tune now pay later (reply)

Wimblees@aol.com Wimblees@aol.com
Mon, 18 Mar 1996 10:19:25 -0500


Follow up on contract:

At the time, the only agreement I had was one line on the contract that said,
"balance due upon completion". I did get 1/2 down, and I assumed the
"completion" was when I got done with the piano. The customer assumed
otherwise.

Now, I have a full page of TERMS that the customer has to agree to. This is
what I now use.

Terms & Condition for repair work

1. PRICE: The total price is an estimate only. Charges for additional work
may occur. Before any additional work is done, permission from the owner will
be obtained.
2. DEPOSIT. A deposit of one half of the amount of the contract is payable
upon acceptance of this contract by the customer, unless other arrangments
have been made, agreeable to both parties.
3. INSPECTION. The customer will be notified when the work is completed. The
customer will be required to inspect the finished piano at the Bless Piano
work shop, or at a location as indicated by Blees Piano.
4. BALANCE PAID. Upon completion of the contracted work performed, the
customer will pay Blees Piano the balance due. It is understood that the
piano will not leave the possesion of Blees Piano until the balance is paid
in full, or other arrangments have been made, agreeable to both parties.
5. INETERST & STORAGE. In the event the balance due is not paid to Blees
Piano within 30 days after the customer has been notified that the work as
per this contract is completed, interest at 18% per year, prorated to the
day, and a $5.00 per day storage fee, will be added to the outstanding
balance.
6. MOVING. Drayage will be the responsibility of the customer. Upon request,
Blees Piano will make arrangments for drayage, but will not be held
responsible for any liability to any property of the customer, or the piano
while it is in transit.
7. COMPLETION DATE. Because delays such as weather, labor strikes, injuries,
etc. may occur which are beyond the control of Blees Piano, the completion
date should only be regarded as a target date, and not as a definite date of
completion. The customer will be notified in the event of a delay in
completion.
8. INSURANCE. While the piano is in the possesion of Blees Piano, the piano
is insured against loss resulting from fire, vandalism, or other acts of
nature. The insurance will only pay for the actual value of the piano at the
time of the loss. To assure that the piano is convered for its full value, it
is advised that the customer check with his/her own insurance company. A
written appraisal of the piano in its pre-contract condition will be made
upon request. A written appraisal of the completed piano will also be
avaialable upon request.

Any of you are  welcome to use these terms, and you may made additions or
corrections on them. Since I wrote these myself, I asked my lawyer if this is
legal. He said any contract between two parties is legal. The problem comes
when the two parties disagree as to the meaning of the terms of the contract.
Even if you had a lawyer write the contract in "legalese", another lawyer
could interpret the language differently.



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