<!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.0 Transitional//EN"> <HTML><HEAD> <META HTTP-EQUIV="Content-Type" CONTENT="text/html; = charset=Windows-1252"> <TITLE>Message</TITLE> <META content="MSHTML 5.50.4616.200" name=GENERATOR></HEAD> <BODY> <DIV>Wim,</DIV> <DIV>I would like to see the contract. If you want to mail privately that's = okay too.</DIV> <DIV>Miss you in Reno,</DIV> <DIV>Dale</DIV> <DIV> Dale Probst, RPT Member, TEAM2001 PTG Annual Convention Reno, NV --July 11-15, 2001 email: wardprobst@cst.net (940)691-3682 voice (940) 691-6843 = fax TEAM2001 website: <A target=_blank href="http://www.ptg.org/conv.htm">http://www.ptg.org/conv.htm</A> <= BR>  </DIV> <DIV></DIV> <DIV class=OutlookMessageHeader lang=en-us dir=ltr = align=left>-----Original Message----- From: = owner-pianotech@ptg.org [mailto:owner-pianotech@ptg.org] On Behalf Of Wimblees@AOL.COM Sent: Friday, June 29, 2001 5:30 = PM To: pianotech@ptg.org Subject: Re: getting serious about collecting </DIV>In a message dated 6/29/01 2:23:24 PM Central Daylight Time, grandrestorations@yahoo.com writes: <BLOCKQUOTE style="PADDING-LEFT: 5px; MARGIN-LEFT: 5px; BORDER-LEFT: #0000ff 2px = solid; MARGIN-RIGHT: 0px" TYPE="CITE">You said to be prepared to take the (organ) back. = Could I rightfully do that?  It is and always was their property. =  I have performed major services to it, but at no time was it my = property.  I'm just not clear on how legal it would be to try to = repossess something that doesn't actually belong to me.  ??? Now, = if I haven't delivered it yet, that's another matter.  I believe I = could legally withhold delivery for non-payment (which I will not = hesitate to do in the future).  </BLOCKQUOTE> Perhaps it might not be = legal to put the organ, (piano) back on the truck after it is put in the house. But I = bet if you started doing that, unless the customer is a lawyer, most people = would not know you're not allowed to do it, and would not want their = instrument gone. Therefore, they will most likely come up with a solution. = Perhaps give you a post dated check, or whatever. The point is, if you did = something that will solve the problem, it's better than just walking away without = the money. <BLOCKQUOTE style="PADDING-LEFT: 5px; MARGIN-LEFT: 5px; BORDER-LEFT: #0000ff 2px = solid; MARGIN-RIGHT: 0px" TYPE="CITE"> There are quite a number of technicians who I've = talked to that demand 1/3 payment upon receipt of the piano (or organ), 1/3 = payment during the process, and the final 1/3 either before or upon = delivery. Actually, that's my normal policy at this point. </BLOCKQUOTE> I collect half up front, = with the balance due upon completion. (see next paragraph). Obviously, in = your situation, having the customer come your shop was not an option. <BLOCKQUOTE style="PADDING-LEFT: 5px; MARGIN-LEFT: 5px; BORDER-LEFT: #0000ff 2px = solid; MARGIN-RIGHT: 0px" TYPE="CITE"> I did wonder, though, if a customer does stiff you for = payment of services rendered and the piano is in your = possession, as in the case of a major rebuild, would you ever have the right to = sell the piano as an effort to recover your investment?  Is that = something that anyone actually puts into a contract?  </BLOCKQUOTE> Up until the debacle I = mentioned, all I had on my rebuilding contract was that the balance was due upon = completion. This customer's definition of "completion" and mine were obviously different. As my lawyer once told me, any contract between two = people is legal. The problems come when the two people disagree on the = interpretation of the language of the contract. Since then, I have very = implicit terms on the back side of the rebuilding contract. If you, or anyone else = is interested, I'll post them. Included are how and when payments are = to be made and what happens when payments are not made, including storage = fees and interest. Willem </BODY></HTML>