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Contract terminology - can you believe this?

Discussion in 'Commercial Snow Removal' started by Ramairfreak98ss, Nov 6, 2008.

  1. Ramairfreak98ss

    Ramairfreak98ss PlowSite.com Addict
    Messages: 1,904

    Im signing a contract for a big company that is subbing some work to us this winter, all snow removal of commercial properties right....

    It states:

    WE ARE NOT REQUIRD TO TAKE LEGAL ACTION TO ENFORCE CUSTOMER PAYMENTS. WE ARE NOT OBLIGATED TO PAY YOU UNTIL WE RECEIVE PAYMENT FROM OUR CUSTOMER FOR THE SERVICES THAT YOU PROVIDED. YOU ASSUME THE RISK OF NON-PAYMENT BY OUR CUSTOMER FOR ANY REASON INCLUDING, WITHOUT LIMITATION, OUR CUSTOMERS BANKRUPTCY, INSOLVENCY, REORGANIZATION, FINANCIAL DISTRESS, NON PERFORMANCE, DISSATISFACTION WITH SERVICES, O R OTHER REASON IN OR OUT OF OUR CONTROL. IN NO INSTANCE MAY YOU, YOUR OFFICECERS OR EMPLOYEES SEEK TO COLLECT PAYMENT FROM OUR CUSTOMERS.


    WTF? So they could basically choose not to pay for ANY and all of those reasons, just because they complain about service and so the main company wont bill them or collect payment, you wont get your money and then you cant sue the original place you did the work for for the money?

    How legally binding are these terms in their 20 page packet of bullshiat? Im sorry, but if they dont pay because of bankrupcy or any of those other BS charges, i will sue them in court and collect from them whatever i can to make good on all services rendered. Thats a bunch of BS if ive ever heard of it!

    oh oh, my big arse company has "financial distress" over your bill, so were not paying it! Company says, sorry man, we cant pay you because they wont pay us and you cant collect from them, ?
     
  2. dmontgomery

    dmontgomery PlowSite.com Addict
    Messages: 1,238

    I would not sign that.......... your agreement is with the co. you are subbing too.....their agreement with the customer is their problem not yours.......
     
  3. terrapro

    terrapro PlowSite Veteran
    from MI
    Messages: 3,873

    thats unbelievable!? you are not working for their customer, you are working for them. if they dont have the appropriate funds to pay you in a timely manner i wouldnt work for them. i wouldnt sign it if i were you.

    it sounds like they are mixing their legal, H.R., and accounting departments together. :dizzy:
     
  4. NorthernSvc's

    NorthernSvc's Senior Member
    Messages: 766

    yea dont sign it that would be a very bad decision on your part. tell them to either reword it or go fornicate themselves there are other companies to sub to
     
  5. THEGOLDPRO

    THEGOLDPRO PlowSite Veteran
    Messages: 3,136

    you will have noting but horrible times trying to get payed trust me. i worked for someone who only payed me when he got payed and i almost had to kill him i was so angry.
     
  6. Camden

    Camden PlowSite Fanatic
    Messages: 6,598

    I have some crazy language in my bigger contracts but nothing as ridiculous as that! Like everyone else has said, do not sign anything under those terms.
     
  7. redman6565

    redman6565 PlowSite.com Addict
    Messages: 1,411

    ya thats a bunch of bull. i understand the whole not being paid until they get paid, but thats a long list of what ifs that those guys can come up to short pay or even withhold everything from. i mean, who's judging workmanship, them? so if you a 5 ft section they can withhold whatever they want? i wouldnt sign it.
     
  8. ford6.9

    ford6.9 Senior Member
    Messages: 452

    Ask them to edit the contract and send it back but under no circumstances would my name go on the bottom of that. Even if I needed work, Nothing like working and not getting paid and losing on on work that might have not paid as well but at least making money. That contract or wording is a joke to any contractor.

    :dizzy::dizzy::dizzy::dizzy:
     
  9. Mark Oomkes

    Mark Oomkes PlowSite Fanatic
    Messages: 10,853

    Hmmmm,

    Superior MG?

    US Maintenance?

    Dentco?

    Has to be one of the area management companies.

    I'd run as fast as I could away from that. You're asking to be screwed.
     
  10. ducatirider944

    ducatirider944 Senior Member
    from Iowa
    Messages: 469

    Find a different company to sub for. No legitimate company would ask you to sign something like that, unless they are PLANING on screwing you. No way would I sign my rights away like that. I don't care how bad I need the work. Working for free isn't profitable!
     
  11. toby4492

    toby4492 2000 Club Member
    Messages: 2,513

    I wouldn't sign that either unless your ready to change your name to Ben Dover :nono:
     
  12. Mark Oomkes

    Mark Oomkes PlowSite Fanatic
    Messages: 10,853

    Or Phil McCraken. ;)
     
  13. basher

    basher PlowSite Fanatic
    from 19707
    Messages: 8,992

    Technically you cann't sign away your right to sue. You could sue, take an out of court settlement, sign a paper saying you're satisfied that they have paid you in full and you have no further claims, then walk in to court and file suit. The courts won't like it and you'd have a slim chance of collecting anything but a lot of legal bills. But you have the right.

    In this case you could sue anybody you wanted but you could probably lose, after all you signed the contract agreeing to the terms and stupidity is not a defense.
     
  14. ducatirider944

    ducatirider944 Senior Member
    from Iowa
    Messages: 469

    By the posts of a select few members, I won't name names, this is the only defense they have:jester:
     
  15. cjasonbr

    cjasonbr Senior Member
    from Mass
    Messages: 635

    Yea, then after you file suit for something your obviously not entitled to, given the contract. HE has the right to file suit against you for wasting his time!!!

    It rolls both ways.
     
  16. cjasonbr

    cjasonbr Senior Member
    from Mass
    Messages: 635

    On another note you should ask them why they wouldn't take legal action against people that don't pay. Bankruptcy is one thing, but what they have worded there is as broad as it could be, and it doesn;t make much sense they they would not pay you for "any" reason. I'd ask them A) Why they included that if they planned on paying you; and B) Why you would want to sign the contract that guarantees your services without guaranteeing any payment.

    People tend to go a lot further overboard when they don't have to answer for what they do.It would be funny to hear how they explain this.
     
  17. redman6565

    redman6565 PlowSite.com Addict
    Messages: 1,411

    the first line gives it away. "WE ARE NOT REQUIRD TO TAKE LEGAL ACTION TO ENFORCE CUSTOMER PAYMENTS" who in their right mind would not pursue a customer to get paid? honestly wtf?
     
  18. plowtime1

    plowtime1 Senior Member
    Messages: 446

    Find another company to sub from...if that type of contract came across my desk,SIMPLY...would not want to do business with them...period.
    You could develop you own contract and have them sign to it instead of you to theirs; you would also need an attorney to approve it. Most of our agreements are by our terms and their scope is added to it.
     
  19. redman6565

    redman6565 PlowSite.com Addict
    Messages: 1,411

    thats a good point too. make your own if you can, that wat it says what you want/need it to say.
     
  20. cjasonbr

    cjasonbr Senior Member
    from Mass
    Messages: 635

    Better yet- you should ammend the contract to say something like:

    "WE ARE NOT REQUIRED TO SHOW UP TO PLOW. WE ARE NOT OBLIGATED TO PLOW. UNDER THE CIRCUMSTANCE THAT WE DO NOT PLOW PAYMENT IS STILL TO BE MADE. YOU ASSUME THE RISK OF US NOT BEING ABLE TO PLOW FOR ANY REASON INCLUDING, WITHOUT LIMITATION, OVER SLEEPING, ILLNESS, IF I DON'T HAVE TIME, OR IF I JUST DON'T FEEL LIKE IT."

    sign it and send it in - it would be the most worthless contract ever: