Repair Shop Contract

davbell22602

Lawn Addict
Joined
Nov 27, 2011
Threads
152
Messages
1,324
Does anybody here have shop and require the customer to sign contract agreeing to the let the shop repair there lawn equipment? I thinking about doing this in the spring 2014. I probably put in it there that customer has 30 days to pay and pickup there equipment after being repaired, etc. I can put together rough draft so you guys if I have too.
 

reynoldston

Lawn Pro
Joined
May 23, 2011
Threads
92
Messages
5,705
Does anybody here have shop and require the customer to sign contract agreeing to the let the shop repair there lawn equipment? I thinking about doing this in the spring 2014. I probably put in it there that customer has 30 days to pay and pickup there equipment after being repaired, etc. I can put together rough draft so you guys if I have too.

In any shop of any size its right on the bill and the customer signs it before any work is done. Very good idea if you are running any kind of business. Not for me because I don't want a paper trail. The only thing I got is the peace of equipment which they get when they pay me. If the law was involved I wouldn't have a leg to stand on. But has worked for me so far.
 

ILENGINE

Lawn Royalty
Top Poster Of Month
Joined
May 6, 2010
Threads
44
Messages
10,899
I have a legal disclaimer at the bottom of my invoices, that basically says that I have the right to repo, sell, or dispose of the product if payment is not made. That I have the legal right to sell items left over 30 days, and the terms of the invoice become binding at the time invoice is submitted to customer.

Basically it says the customer agrees with the terms at the moment I hand the customer the invoice, even though he hasn't seem or read the legal disclaimer. I basically modified a similar disclaimer from an auto repair center. Would it hold up in court I don't know.
 

davbell22602

Lawn Addict
Joined
Nov 27, 2011
Threads
152
Messages
1,324
I would hand this out and have them sign it before taking it in for repair. Then do a invoice at the end when they come pick it up.
 

exotion

Lawn Addict
Joined
Jun 24, 2012
Threads
66
Messages
3,444
If they sign anything you need a notory (spelling?) Or a witness to them signing anything or its useless. If you get a document notorized can make copys of it its costly buy legally it works I had my work orders, 12 month contracts, and my 4 month snow contracts notorized cost me about $150 a document but personally I think its worth it.

If they say you forged their signiture and they signed different then their normal signature your in big big trouble
 

davbell22602

Lawn Addict
Joined
Nov 27, 2011
Threads
152
Messages
1,324
I know signatures hold up in civil cases in this area regardless if its not notorized with or without witnesses too.
 

exotion

Lawn Addict
Joined
Jun 24, 2012
Threads
66
Messages
3,444
I know signatures hold up in civil cases in this area regardless if its not notorized with or without witnesses too.

I've never had to go to court but it seems like the customer just has to say its not their signiture. And if the judge is in a bad mood my hand made contracts are not legal documents I'm sure tho it would hold up because they did agree and did sign .to have work done. As for you shop guys you are in possesion of another persons property for a period of time therefore your liability is quite high and I would do everything to cover my self like someone said its not hard to get sued
 

davbell22602

Lawn Addict
Joined
Nov 27, 2011
Threads
152
Messages
1,324
I've never had to go to court but it seems like the customer just has to say its not their signiture. And if the judge is in a bad mood my hand made contracts are not legal documents I'm sure tho it would hold up because they did agree and did sign .to have work done. As for you shop guys you are in possesion of another persons property for a period of time therefore your liability is quite high and I would do everything to cover my self like someone said its not hard to get sued

The signature is what makes it a legal document. By the time customer would say thats not his signature the judge would have established that customer brought equipment to shop to get repaired and agreed to have it fixed before the contract is even brought up in court. Why else would customer bring a mower to repair shop and leave it?
 

exotion

Lawn Addict
Joined
Jun 24, 2012
Threads
66
Messages
3,444
The signature is what makes it a legal document. By the time customer would say thats not his signature the judge would have established that customer brought equipment to shop to get repaired and agreed to have it fixed before the contract is even brought up in court. Why else would customer bring a mower to repair shop and leave it?

Point taken... Just seems like our society nowadays I see stupid stuff happen all the time tom take mower to bobs repair shop bob fixes mower charges $100 tom takes mower home mower throws rod through neighbors window and breaks neighbors priceless vase bob is going to get sued for this.. no?

Tom signed a contract to get the mower fixed and bob fixed it but somehow the thing explodes for whatever reason now tom and neighbor are mad in a sue happy society get fancy .
Lawyers poor bob gets taken for everything me personally would have a lawyer draw the contract I would get it notorized and have witnesses cover al my bases the ones who are at real risk are our friends running a small shop out of their garage. Us in the field worry about property damage in the other thread about traffic cones people are afraid of an idiot tripping over the gates of their trailer

We live in a selfish society and anyone who sees an opportunity or loophole and wants to get rich off of someone else will so why would you not cover your tracks and you may never have to worry about it but one day one guy can change that
 

davbell22602

Lawn Addict
Joined
Nov 27, 2011
Threads
152
Messages
1,324
Point taken... Just seems like our society nowadays I see stupid stuff happen all the time tom take mower to bobs repair shop bob fixes mower charges $100 tom takes mower home mower throws rod through neighbors window and breaks neighbors priceless vase bob is going to get sued for this.. no?

Tom signed a contract to get the mower fixed and bob fixed it but somehow the thing explodes for whatever reason now tom and neighbor are mad in a sue happy society get fancy .
Lawyers poor bob gets taken for everything me personally would have a lawyer draw the contract I would get it notorized and have witnesses cover al my bases the ones who are at real risk are our friends running a small shop out of their garage. Us in the field worry about property damage in the other thread about traffic cones people are afraid of an idiot tripping over the gates of their trailer

We live in a selfish society and anyone who sees an opportunity or loophole and wants to get rich off of someone else will so why would you not cover your tracks and you may never have to worry about it but one day one guy can change that

If the repair did nothing to effect the connecting rod then Bob needs to file it under home owners insurance to replace the window and priceless vase. It would have to be proven that shop was at fault. If the judge cant find enough evidence for the shop to be at fault then the case will be dismissed.
 
Top