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sturgisjr

concerns and correct wording in a contract

Question

We are planning on starting up our own wood care business and had a few concerns about correct wording in a contract.

1. Should we say restore or renew. I mean we all know what wood restoration is, but wouldnt the word "restore" be misleading to some customers encouraging them to think of other things? For example, we do strip/clean, detailing such as driving down loose nails and sanding handrails and then sealing. Wouldnt the word restore encourage customers to assume we will replace boards and all that extra work?

2. Sanding handrails? Is this a good idea to even sand at all? The reason for this is...what if we sanded and then the customer calls us because someone got a splinter? There shouldnt be any splinters after sanding is what the customer is thinking. So Im asking, should we sand also or just only wash and seal? Can wording be done on the contract stating that we are not responsible for any splinters after sanding has been done?

I will be posting more questions and concerns about other things. This is a very informational site and would appreciate any feedback.

Thanks.

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The purpose of a contract is to make clear anything that you think will be misunderstood by the customer (that's why contracts are so long and boring to read). They have to be made idiot-proof (I think I've used that term several times in the past few days....what's wrong with me??). If you are going to say that you "restore" wood, you need to put a qualifier in the contract to say what restoration is. Something like

"For the purposes of this contract, wood restoration is considered to mean stripping and staining the wood to give it the appearance of a newly finished product. Any damaged wood, from water rot, termites, fire, or other unnatural factors that cannot be corrected by cleaning may need to be replaced. Replacement of defective material is not covered under the restoration contract."

"Wood restoration should be considered an aesthetic improvement only and does not imply a restoration of the integrity of the stucture. The methods taken by *THE COMPANY* are done to ensure a quality appearance and visual enhancement of your property. *THE COMPANY* makes no warranty against future damage that may be caused after *THE COMPANY* has completed the project."

You can save some of the explanations for your description of the process, such as the part about sanding "only for the purpose of visual enhancement" so that, should any questions ever come up, the reasoning is that sanding is done so that the stain and sealer better adheres to the surface. You should always have the customer inspect everything before you leave and have them sign a waiver saying that they are satisfied with the work. Don't pressure them into hurrying their own inspection...you want to give them ample time to find any splinters or raised nails so that there can be no complaint in the future about the status of the job when you left.

Just do a good and thorough job, and you should have nothing to worry about.

Ryan H.

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LeT your work and knowledge speak for its self. I don't use a contract and I do some bigwood jobs for deep pocket people. And I use BLEACH. I jot down the quote on the back of a pizza box. The smell of the pizza gets me some work. This aroma marketing works!!!!

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Thank you for your response Ryan. I was able to generate a contract more effectively. I was just concerned that I may be missing something in there that I would regret later not adding. Wanted to be clear and to the point as well as protecting myself from any issues that I may face.

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For the best effect, and to make the customer feel at ease, I would try to fit your points somewhere in the conversation. Make it casual, not indemnifying, and the customer will appreciate your work even more. Glad I could help!

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James,

I do not use a contract, either. I have some verbage on the back of my estimates that basically says, "Blah Blah Blah". I am a little more modern than you however, in that I put my estimates on a form. I'm liking the pizza box idea, though. One more excuse to order a pizza!

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