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Care to review my residential contract?

Discussion in 'Bidding & Estimating' started by Joe Snow, Nov 5, 2008.

  1. Joe Snow

    Joe Snow Senior Member
    Messages: 120

    I've taken bits and pieces, added much of my own, and came up with this residential contract for my area. 90% of the drives associated with this contract are 2-car wide by 3-car deep, all grouped within about a 2 mile area.
    I've seen contracts that were REAL long and full of legaleeze and some the other way. Some guys in my area don't even use contracts which tells me they don't even have insurance....not good.....:gunsfiring: :dizzy:

    Go easy on me my friends.... some of this stuff is pretty new to me.

    Thanks in advance.
     

    Attached Files:

  2. terrapro

    terrapro PlowSite Veteran
    from MI
    Messages: 3,879

    when i first started i use to write contracts up like that. lots of legal mumbo jumbo until a lawyer that looked over a contract i had written up for my wifes biz asked me why i fill it with so much crap! lol

    just put you are going to do " " for "$ " and record personal info and be done with it. let the insurance company deal with the liability, thats what you pay them for.

    heres my res contract, all i do is fill in the blanks.



    Terms and agreements:
     Terrapro agrees to perform agreed upon services at customer and vendor agreed upon site
     Customer agrees to remit payment to Terrapro and in a timely manner
     2 inches is the minimum accumulation of snow before removal of snow will occur unless otherwise decided by Terrapro and or customer
     Service fee is based on a snow accumulation of 2-6 inches, every 3 inches afterward will be 50% of the service fee extra
     If extra services including but not limited to salting is agreed upon between vendor and customer it will be through verbal or written contract and extra services will be included in next bill
     If large objects including but not limited to cars and other motorized equipment are in the area in need of snow removal the process of snow removal will be finished at earliest convenience to vendor when area is clear
     Payment due will be net 30 days of date billed
     If payment is late past due date service will be discontinued until payment in full is received

    Customer information-
    ___________________________________
    ___________________________________
    Services and options-
    ___________________________________
    ___________________________________

    Service date from______to_________ .

    Contract issue date_____________

    I______________ hereby agree to all terms and agreements herein.

    Customer Signature ________________Signed date ______________

    Vendor signature__________________Signed date_________________

    WWW.TERRAPROLANDSCAPE.COM
     
  3. Joe Snow

    Joe Snow Senior Member
    Messages: 120

    Simplicity at it's finest:)

    I guess I'm being cautious due to all the whack-jobs out there that are always on the lookout for a payoff from some friggin' lawsuit. I know everyone's not like that, but after reading some horror stories, I'm just a bit gun-shy. You should have seen the contract BEFORE I thinned it down to this one:eek:

    Is this the same contract you use for new customers or ones that you've had for some time?

    Thanks for your help:waving:
     
  4. terrapro

    terrapro PlowSite Veteran
    from MI
    Messages: 3,879

    same contract i use for everyone, my commercial is just a shy different but none the less pretty much the same.

    my agent assured me their lawyers will tear the other guy apart if a funny situation arises.
     
  5. songbird74

    songbird74 Junior Member
    Messages: 2

    you did a good job man..
     
  6. Camden

    Camden PlowSite Fanatic
    Messages: 6,598

    That looks really nice and professional. Good luck this season ussmileyflag tymusic
     
  7. Joe Snow

    Joe Snow Senior Member
    Messages: 120

    THANKS!!!

    :waving:
     
  8. BigLou80

    BigLou80 Senior Member
    Messages: 558

    Terrapro,
    The legal mumbo jumbo is not for the lawyers, its to keep people from making you get a lawyer involved. Most people are going to read the legalese and assume its not worth thier time to screw with you in the first place.
     
  9. terrapro

    terrapro PlowSite Veteran
    from MI
    Messages: 3,879

    exactly! they wont even bother signing the contract because it has ridiculous one sided terms such as "so and so inc will not be responsible for any damage done to anything at anytime" or "so and so inc will be waived from all liability". it is like your customer saying they arent responsible for paying you for your services.

    most likely any judge will look at a contract with terms like above and laugh anyway, you will still be responsible and most likely claimed on.

    if you run into a light pole or smash a curb you should expect to be liable for your actions as a professional and responsible business owner.
     
  10. QuadPlower

    QuadPlower PlowSite.com Addict
    Messages: 1,056

    Snow plowing contract shouldn't be over 1 page long.

    You describe how you are going to plow. That is not a contract item.

    Just do a per visit price and you can eliminate the PLOWING paragraph

    Sidewalks and walks was described in the pricing paragraph. Doesn't need to be explained later.

    Same with De-Icing.

    Turf Repair can be put unter Property Damage.

    Under Property Damage: You are going to wait until spring to repair my garage door? Put: "In a timely manner"

    Hazards can be put under Limitation of Liability. Only say it onec that you aren't responsable.

    Cancellation should be added to the contract and the second page should be removed.

    If you choose to keep the second page for some reason, your letter head can be removed from the top.

    Its not horrible. Just too long.
     
  11. Joe Snow

    Joe Snow Senior Member
    Messages: 120

    Thanks.... I'll look into some of the changes you guys have suggested.
    I appreciate your help!!!!
     
  12. BigLou80

    BigLou80 Senior Member
    Messages: 558

    who says it should only be so long ? it should be as long as it needs to be.

    Umm last time I checked a description of the work to be done was a standard part of any contract, the more detail the better. Would sign a construction contract that just said "build a house" ? I am not saying what he has is perfect but I would definatly not delete that whole paragraph.

    I agree with you on all of the above.

    I would say it as many times as possible.

    He has cancelation. I don't like his terms but its in there

    I would leave the letter head so they know the two pages go together.
     
  13. kws

    kws Junior Member
    Messages: 12

    really look like tha one from TOM who is a senior member!!

    are you guys are the same company?

    is exactly the SAME!!!
     
  14. jgoetter1

    jgoetter1 Senior Member
    Messages: 278

    I agree with quadplower. 1 page simplistic contract for residential customers. A bit more detail for commercial contracts.

    I've got 80 or so residentials, and I'll bet 70 of them didn't even read the details. They just look at the price, and when you'll show up. Sometimes all that legal mumbo jumbo will deter a customer.
     
  15. kws

    kws Junior Member
    Messages: 12

    plow_ contract.doc

    from TOM'S mccauley contract!!

    same as you contract
     
  16. Browny

    Browny Junior Member
    Messages: 6

    Hi just curious about your pricing structure - as it goes up the more inches there are. Are you charging that incremental rate per pass? So that last price there, thats the amount multiplied by 4? Thanks!
     
  17. jhall22guitar

    jhall22guitar PlowSite.com Addict
    Messages: 1,044

    I think terra pro's contract is awesome, especially for residential home owners. They don't want to see too much legal mumbo jumbo.

    While if i was going to be plowing a shopping plaza I would probably want all the mumbo jumbo.
     
  18. jbsplow

    jbsplow Senior Member
    from -
    Messages: 125

    10-4 on that keep it simple for residential. I got about 30 driveways and I have small little contracts. Also your pricing if you get 6-12 inches your going to plow up to 3 times on a driveway. I could see a shopping center or what not. I wish I could plow 3 times on a 8-10 inch event id make 6-7 k a storm lol. If my accounts get 8-9 inches open them up before they leave for work in the a.m and come back to clean up when its done