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When a customer decides they will ask for salt!?!?

Discussion in 'Ice Management' started by X-LOWBALLER, Feb 22, 2007.

  1. X-LOWBALLER

    X-LOWBALLER Senior Member
    from Toronto
    Messages: 102

    The contract clearly states that we salt at OUR discretion. Not one customer complained this year about our salting practices except this one. Now, he has told his employees NOT to sign the salt sheet unless he is there and/or gives permission????

    I made up a "waiver of liability" slip and having him sign it. I know it doesnt mean squat but maybe he will decide to switch back to the dark side?
     
  2. QuadPlower

    QuadPlower PlowSite.com Addict
    Messages: 1,056

    Don't do it!! I am sure you are not over salting and I'm sure that the area is kept clean and safe.

    I change a contract last year from my discretion to the customers and I'm waiting on the results of the court date as we speak.

    You have a contract. Do a good job. Bill them for the salt. If they don't pay then sue them in the spring. (don't wait until august)

    If you stop salting and someone falls, I don't have to tell you the rest.

    Worse case is that you are out the cost for the salt. Do you have someone else that can verify for you at a later date that you salted? ie employee or wife Take a pic with the date stamp every time you salt with the customer's location in the back ground. Keep the records from the other contracts that were salted and signed for it during the same time that you did this one.

    Good Luck
     
  3. all seasons

    all seasons Member
    Messages: 61

    you would be better off to drop his contract than to get tied up in some bs litegation over his stupidity.
     
  4. cjasonbr

    cjasonbr Senior Member
    from Mass
    Messages: 635

    Amen all_seasons!

    Loballer - A waiver of liability sounds good - but really wont do much in real life. The only reason someone would sue you would be for 'negligence', a waiver of liaility wont matter. If i were you i'd write a letter clearly stating the contract terms. Send the letter certified mail and keep a copy for yourself. Keep maintaining the lot as per the contract terms. If he doesn't pay - sue him. Also: Don't verbally discuss the matter with the guy - insist that all correspondence be made in writing.

    Also: How come you have to have them sign off on each sanding application?
     
  5. SnowDozers

    SnowDozers Member
    Messages: 86

    Slip and falls seldom win in Michigan. Our lawyer showed us the case results of around 200 separate slip and fall cases related to snow. Not one of them was awarded a negligence case, and most of the time the judge cited, "Unreasonable expectation during inclement weather."
     
  6. cjasonbr

    cjasonbr Senior Member
    from Mass
    Messages: 635

    Yup snowdozers... you have to prove negligence!

    I.E. : Not sanding when you are contracted to do so = NEGLIGENCE!!!!

    Do you really think that property owner Q is going to step up and say "Well i told him not to sand - so you should sue me." No way, stick to the contract and you can't go wrong.
     
  7. go plow

    go plow Senior Member
    Messages: 322

    Rich, i got a call the morning of 2/22, from a guy, he called around 10 am, says that im lucky that when he came home last nice from the V.F.W his friend was with him and helped him to his door, he says that he almost fell on my slick walks...i think that im going to start recording every phone call just for issues like this ! the only thing is that you have to tell them that they are being recorded..
     
  8. all seasons

    all seasons Member
    Messages: 61

    lawyers have got this world all screwed up, just cover your ass the best you can and keep detailed documentation of everything that you can, this way if for some reason you end up in court you know exactly what was said and done and when. Also it makes you look like the professional that you are who is serious about his business.
     
  9. X-LOWBALLER

    X-LOWBALLER Senior Member
    from Toronto
    Messages: 102


    Last night, while I was salting all of my properties, I was told by this manager to skip him. This morning, I am on my way to mamas house for some home cookin and sure enough, my phone rings and he asks for salting and a plow. I show up with waiver in hand and he states he will not sign it. I call my guy who is plowing the lot and tell him not to finish. While the manager is standing there, I call my friend (who happens to be my broker) and tell him to cancel his property off the policy due to him (the manager) not signing the paper.

    I tell the manager he will receive his final bill and thank him for the opportunity to service him to this point. I walk out, get in my car and an employee asks me back. The manager asks me how many people have signed that waiver and I tell him 4 out of 28 commercial properties. He then asks me to continue service and salt at my discretion???????????

    I told him I would cover him up to the big storm on Monday, if he wasnt happy, to allow him to find someone else. He declined and told me it wasnt the service he wasnt happy about, it was the cost of salting. Apparently, his budget limited (cry me a river) and wants to cut down on the applications. After he understood that although I am a native Indian, I am unable to control the weather and when it snows, we have to ensure the safety of everyone.

    The reason I have him sign after each application is to verify that A: we did indeed salt and B: there is no disputing it.
     
  10. cjasonbr

    cjasonbr Senior Member
    from Mass
    Messages: 635

    Good for you lowballer, just like you predicted he folded when it came to signing that waiver of liability. Just out of curiosity what does your "we salted" form look like?
     
  11. X-LOWBALLER

    X-LOWBALLER Senior Member
    from Toronto
    Messages: 102


    DATE I EMP. INITIALS I WORK COMPLETED I TIME IN I TIME OUT I TEMPERATURE

    AND THE ONSITE EMPLOYEE SIGNS OR INITIALS THE WORK SHEET. It is a template from the Microsoft Works program.

    The work sheet is for businesses that are open around the clock, otherwise, I return the next morning for the signature. All of my customers know what to expect. If nothing else, it helps us keep records for ins. purposes and stats for the following year.
     
  12. DeereFarmer

    DeereFarmer PlowSite Veteran
    Messages: 3,296

    You semm like you have it all together and cover your butt X-Lowballer. Good for you.:drinkup:
     
  13. X-LOWBALLER

    X-LOWBALLER Senior Member
    from Toronto
    Messages: 102

    Thank you. This particular customer receives a 10% discount on his bill as we do his summer maintenance program as well. I had a feeling he might try to pull a fast one in the spring so I included this statement, which he signed, and will now live to regret if he cancels...


    "Bonuses and/or discounts will be applied to your invoice as per agreement. If agreement is cancelled prior to the conclusion of the above agreement, client agrees to pay any and all discounts applied to previous invoices."
     
  14. lawnboy11

    lawnboy11 Senior Member
    Messages: 263

    Think Holy Grail Monty python and "Run away, run away"