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Service Refusal Form

Discussion in 'Business Fundamentals' started by luky013, Jan 5, 2014.

  1. luky013

    luky013 Junior Member
    Messages: 29

    Does anyone have a form they use if a customer decides they do not want to be serviced to cover their ass?

    We have a couple of apartment complexes we do (I know apartments are a pia, but the are very close to our shop) We have freezing rain and 1/4' of ice build up on everything today at 6am. It is supposed to be melted off by noon. They called to say not to service the complexes against my recommendation.

    We hold all liability as stated in our contract and they are named as additional insured on our policy.

    Any advice?
  2. framer1901

    framer1901 Senior Member
    Messages: 805

    You hold all liability per the contract let the salt fly.

    A simple note from them stating they accept liability for any claims in relation to the existing condition should do - people can't have it both ways - either we're liable or we are not.
  3. luky013

    luky013 Junior Member
    Messages: 29

    Let the salt fly and risk not getting paid? I would rather not. I am just looking to see if anyone has a form they use in this situation. I think it would open their eyes and realize that they are putting them and me in a risky situation. I also don't think they would be willing to send me a note accepting liability.
  4. WIPensFan

    WIPensFan PlowSite Veteran
    Messages: 3,468

    Why even get into that situation?? I never let customers make the plowing or salting decision. It's costing you money.
  5. Emmanuel

    Emmanuel Member
    Messages: 50

    Exactly. We hold all liability with our accounts. If we feel it needs salt to protect someone from falling we're there. If the temperature warms up above freezing and the snow banks start to melt leaving water run down the parking lot, we will salt if the temps are going to drop below freezing. This is all T/M.
  6. luky013

    luky013 Junior Member
    Messages: 29

    So do I risk losing the account when they get the bill after they asked to not be serviced? Usually when I bring up the topic of liability to the customer they tell me to service as I feel is needed. Not this customer.

    I have been doing snow removal for 10 years. We are a decent sized snow removal company and our snow business increases every year. We are up to 9 trucks and 4 skid steers during a 4" event. I do want to keep this contract as I stated it is very very close to my yard and it allows me to put some equipment to work that I would not be able to use on other sites.

    What to do?
  7. Maclawnco

    Maclawnco Senior Member
    from OH
    Messages: 611

    Document on your end and tell them only way to decline service is via email. Save it.
  8. mike ward

    mike ward Member
    Messages: 79

    Just send them an email advising against not treating. Maybe consider rewriting your contracts relative to accepting all liability in writing. is that required in your market?
  9. luky013

    luky013 Junior Member
    Messages: 29

    Yes I think that would be the best avenue. Send an email confirming they are refusing service and that would put a lot of liability on the person making the decisions for the apartment complex.

    They pretty much had their own contract already written that I amended a little and signed.
  10. Buswell Forest

    Buswell Forest PlowSite.com Addict
    from NH
    Messages: 1,668

    Be a cold day in the Devil's sauna before I ever accept any liability. I plow and sand as requested. Anything goes wrong, it's on the owner of the property. If they get sued for 5 million because they didn't want to spend 90 to salt and sand, it's not my problem..
    If I do the damage or injury myself in the course of work, that is all on me.
  11. SnowGuy73

    SnowGuy73 PlowSite Fanatic
    Messages: 24,868

    ^^^^ This ^^^^
  12. CleanCutL&S

    CleanCutL&S Senior Member
    Messages: 146

    One of these days I will find a thread SnowGuy has not posted in ... LOL
  13. grandview

    grandview PlowSite Fanatic
    Messages: 14,609

  14. framer1901

    framer1901 Senior Member
    Messages: 805

    You, your customer and most of all, your insurance companies legal department need to understand what your actual liabilities could be - West Michigan, it snows many days, so per our insurance legal people, it's a bigger step to prove fault in slip and falls verese say Boston.

    If the liability phrase in the contract does not meet their budget, then something has to change. We had a customer years ago, changed their wording because we pointed out that eliminating salt would still hold me responsible.

    It's something you have to talk about, not force on someone.
  15. 32vld

    32vld Senior Member
    from LI, NY
    Messages: 617

    Yes, you should never sign a contract like that.
  16. cj7plowing

    cj7plowing Senior Member
    Messages: 377

    that's bad news right there,

    you sending them an email stating they are declining service and them answering will not hold up in court. check with your insurance company.

    you either take care of the place or you don't there is no grey area of them calling you off. Especially with them named as additional insured. They are taking zero responsibility and opening you up to a huge lawsuit.

    they signed the contract the be serviced and are well aware of the service that was in the contract. They cant arbitrarily tell you when you can and cant service them because the board is trying to squeeze pennies.
  17. SnoFarmer

    SnoFarmer PlowSite Fanatic
    from N,E. MN
    Messages: 7,921

    Why weren't you out applying a deicer at 3-4am?
    Why did you let the ice form when your a named on the insurance?

    If you didn't wait until the event was over you would have cya and serviced the apartments before they could make the decision to call you off?

    If there was a problem they would hold you to the contract.

  18. luky013

    luky013 Junior Member
    Messages: 29

    Because as I said the ice did not form until around 6-7am and it was an unexpected storm.
  19. SnoFarmer

    SnoFarmer PlowSite Fanatic
    from N,E. MN
    Messages: 7,921

    Once the ice has formed, so has your liability.
    Pre treat.

    that's not what you said.

    What you said is.
    "at 6am you had 1/4' of ice"
    but anyway.
    Treat it as stated in the contract.

    Last edited: Jan 8, 2014