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Mark Williamson

Terms and Conditions

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"Payment due upon completion of services."

This way they understand that even if they are not home at the time, I expect to be paid quickly. After booking the job, i usually call to schedule on late Sunday or early Monday for the upcoming week. At that time I ask if they will be home. If not, we arrange payment at that time.

And since I do decks...

"Homeowner is responsible for removal of furniture and other items from the work area or an additional $50.00 charge will apply. "

I waive this with some elderly folks or if there isn't too much stuff. That way it seem like a freebie. With some folks that have planters, benches, chairs, tables and knickknacks all over though, I insist on it.

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Mark,

If you have a fax # I could fax over what we use. Examples would be arbitration clauses, scheduled payment and etc.

If no fax # hit me with your email address....

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Ours is specific to wood restoration in the fact that is contends with the conditions and limitations that must be taken into consideration in this field. While the actual document is comprehensive, here is a cliff notes version with explanations where applicable.

We address:

-Our guarantee on the labor and workmanship.

-What is covered and what is not including a list of specifics like structural defects, misuse or abuse, neglect, wood conditions contributing to a shorter life expectancy etc...

-Problem resolution and disputes clauses for any instances concerning work performed and remedies including time frames for inspections.

-Limit of damage liability clause. This is based upon the value of the contract and a segment exclusive for vegetation damage replacement.

-Customer obligations for job site safety, inspection and maintenance of window and door seals/weatherstripping, electrical outlet G.F.I. circuits, and other obstacles which need to be addressed before work can begin like; removing deck accouterments and decorations, furniture and planters. Reason being that in our area, many people do not frequently inspect these items after the freezing winter conditions. Deck items can shatter, break, crack and degrade during these times with not always noticeable results until moved. There is often a situation where if we were to move these items we would be blamed for it. Having the responsibility for removal placed upon the customer avoids us being liable for replacement of something that has already been damaged. In the event of service for someone who is not capable of doing it themselves, we have them sign a waiver of liability along with the contract specifying that we are not responsible for items suffering from exposure related damage but not from our responsibility to move them as carefully as possible.

-Mutual party agreements. These consist of the legality clauses and any disclaimers or responsibility for additional costs created on the part of the consumer through no fault of the contractor. There have been times of set backs and unnecessary trips to a job site because of a consumer who did not inform us of other contractors working on the site whose scope of work impeded or prevented our crew from being able to execute their duties in a manner according to various factors including safety, accessibility, or being unable to warrant the work due to exposure to traffic, debris etc. This could have been avoided by making a simple phone call to inform us that the time was not good and reschedule.

-Neighbor notifications of necessity for access or impending subjectability to our processes providing ample notification for them to take action and/or move items out of the subject area. This also allows us to better protect the property having excess items moved out of the way.

-Timely execution of contract and disclaimers concerning weather related delays etc.

For the most part, I will suggest strongly that once you come up with a terms and conditions, that you submit it to an contract attorney to make sure you have the correct verbage and are not making mistakes that are not allowed by law. These vary from state to state and could put you in serious jeopardy if you don't get them validated.

Rod!~

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Hey Rod, that was a good summary. I like the part about deck items. I had moved a large plastic pot for customer once and got blamed for breaking it but thankfully they undertood that they dont last forever and being left in the sun shortened the life expectancy of the plastic.

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"Homeowner is responsible for removal of furniture and other items from the work area or an additional $50.00 charge will apply. "

I waive this with some elderly folks or if there isn't too much stuff. That way it seem like a freebie. With some folks that have planters, benches, chairs, tables and knickknacks all over though, I insist on it.

I do this, too. I don't do many decks, but the furniture can be a real bear when I'm alone.

I usually make the customer aware that my work area must be pretty obstruction-free. I was amazed when I started, how often I'd show for a housewash, and there would be a pile of lumber or some other thing leaning against the house.

More than once, I'd point out something that needed to be moved while I was figuring the estimate, only to arrive for the job to find it moved off the patio (for instance) to the side of the house!

I try to be painfully specific about where I will be working, how the hose will be routed, etc. when explaining the process. This saves set-up time/money.

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