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Customer re-write's snow removal contract

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7.2K views 53 replies 31 participants last post by  John143  
#1 ·
Ok! So we are getting a little snow tommorow. I called the last few customers that didnt send their signed contract for this years snow removal to remind them we would need it signed before we can plow their lots.

The one commercial customer has been playing games with us over getting me the signed contract. ie, I mailed it out, we lost it, please fax us another copy and so on for the last few weeks. Will with the snow coming soon they emailed me the contract signed about 4:45pm today.

Just one problem. When I opened up the email I happen to notice on the last page where I had the name Jason B, to sign was replaced with Mike M. I never talked to a Mike M so I decided to re-read the whole contract. Sure enough they re-wrote the whole contract taking out parts and add parts that could set me up for a nice law suit! I could not belive my eyes!! Someone took the time to re-write the whole contract even using our letter head to suit their needs!!

I still did not respond to the email. However I was so mad that I did type a nice email to fire back at them. Here is a copy. Does this sound out of line?? Has this happen to anyone?? How do you guys think I should handle this??

Michelle,

I looked over the contract that you guys took the liberty to re-write to suit your own needs. I'm sorry but we do-not conduct business in this manner. This is a simple contract that "we" ***** LLC had "our" attorneys draw up. The reason for this contract is not only to protect us as a company but also you as a customer. Each one of our customers sign the same one we sent you.

Over the many years we have been in business I never seen or had someone re-write our contract. To be honest with you. Even if we charged you $1000.00 a storm I would not be interested in gaining any business off you company.

I'm sorry but I regret to inform you we will not be providing snow removal services for you this year or in the future.

Thank you, for considering us for your past snow removal needs.

John
So guys?? Should I atleast give them the chance to sign the contract that I did sent them? Or just chalk this up as a close call and move on? FYI: it's only a $150.00 lot with no salt.
 
#5 ·
I would be short and to the point.

Dear xxx,

I noticed that the contract you emailed over was changed from the original version. We do not appreciate this, and that contract is not valid with the changes you made. Given this breach of trust we must inform you that we will not be performing any service for you in the future. Please do not use us for a reference.

sincerely, xxx
 
#6 ·
I should of added above to my first post. I do not email contracts. The one they emailed me was a copy of the one I sent them in the mail that they took the time to re-write and use our letter head, have some Mike, guy sign the scan into their computer and email me!!

Sorry guys! I had to vent! Im still PO'ed. But do feel alittle better now! :)
 
#7 ·
IMAGE;1370818 said:
I would be short and to the point.

Dear xxx,

I noticed that the contract you emailed over was changed from the original version. We do not appreciate this, and that contract is not valid with the changes you made. Given this breach of trust we must inform you that we will not be performing any service for you in the future. Please do not use us for a reference.

sincerely, xxx
That sounds alot better. I may end up using it! Thanks!! Perhaps, the right thing to do is sleep it off and re-think my handling of this matter.
 
#10 ·
WRIGHTWAY;1370828 said:
I may be wrong but them rewriting your contract with your letterhead and probably your signature just might be fraud
Thats a very good question. I think our attorney might just have the anwser to that question! I will have to email him over a copy and see what he thinks about it.
 
#12 ·
I think your email was just fine...not out of line at all...maybe a tad wordy but otherwise ok. I dont think they were trying to screw you, just had this mike guy get a little big in the britches and try and make himselfmthe boss. Ive had it happen before and i handled it very similarly to you. 150 bucks is not worth what could potentially be a severe problem for you. Find another to replace them and move ahead with customers whom appreciate your service and professionalism.
 
#13 ·
John143;1370832 said:
Thats a very good question. I think our attorney might just have the anwser to that question! I will have to email him over a copy and see what he thinks about it.
I can easily understand your frustration.

I think your reply is way too long.
There really isn't a need to go into great detail explaining where the train ran off the track.
Very short and sweet will leave them wondering what they are going to do now.
When you send the email back to them BCC every one from that company that you have email for.

Dear ____________,

The contract you sent back is void as it is not what was signed by me.
Further more rewriting the contract on my letter head is very unprofessional.
I will be forwarding that to my lawyer for his review.

Signed ......................................

And that is IT.
Leave them wondering what is going on and also scared about what your lawyer is going to say.

More than likely as was already mentioned some lower level peon thought he was going to play big boss and is now going to be scared about what might be about to bite him in the _____. :laughing:

And no, do not give them a chance to sign the right one. You do not want the hassle these guys are going to become.
 
#14 ·
I had a similar situation last year. We bid on a new factory for high end aircraft and runway electrical connections...state of the art facility nice offices, very professional. Everything fell in place and I received the signed contract back without a problem. My wife was filing the contract and happened to notice some writing on one of the pages of clauses.

The President of the company crossed out the clause regarding interest after 30 days and crossed it out without even asking and mailed it in. I called him to discuss it and he said they never pay there bills late and this was standard practice for him. I replied, If you never pay your bills late then it doesn't matter if that clause is in there and secondly, For your alterations to be binding my initials would have to be there as well.

People will try to pull stuff over on you all of the time, that is how they got to the position they are in. I don't agree with what they did but I am not going to throw away several thousand dollars a year over a PIA Executive.

For the Record they are a NET 30 customer and quickbooks shows they average 46.4 days for payment. Never take someones word.
 
#16 ·
I think you all are being too firm in any of these responses.

If it's your decision to work under your contract only, simply inform the customer that's what the situation is - I'm sorry Ms Jones, but we can only provide service under our agreement, not the one that appears altered.

Or, if you are willing to work under altered contracts reply something like - I'm sorry Ms Jones, we could do the work for you but line 2 and 3 of the altered contract concern me and in order for me to provide the service, it must be stated this way.

Why in the world would you piss on someones leg as you are walking out the door refusing to work for them? You gained absolutely nothing and you lost any chance of ever working for anyone involved with that contract / decision. Is that Michael or whoever it was going to work there forever? Probably not, in two years she may replace the guy who was once your best customer, she remembers you and kicks you to the curb there also. Apartment property managers, how often have you seen them turn over? Condo association boards, they turn over every 1 to 3 years. What if that Michael is on a condo board that you have been working to get for the last three years?

Bottom line, the customer changed the wording on your contract, you didn't like it - if you don't want the work, tell them no thanks, nothing more. If you can do it with altered wording, say that. Don't bring in attorneys and harsh language.

It's the customers right to hire you, it's a privildge for you to work for the customer, not the other way around. If you forget that or fail to accept that, you are done, there's ten people standing behind you that understand it. Yes, and certainly under whatever contract both parties agree to.

As for Quick Books showing a 45.4 day average pay time. Many business' put their received date on your invoice, which could be 3-10 days after your date, then you have to account for mail time on the check heading your way. We have customers that date the check 30 days from our invoice date and others that date it a few days later than that - no complaints here - at least those customers pay.
 
#17 ·
cda817;1370953 said:
I had a similar situation last year. We bid on a new factory for high end aircraft and runway electrical connections...state of the art facility nice offices, very professional. Everything fell in place and I received the signed contract back without a problem. My wife was filing the contract and happened to notice some writing on one of the pages of clauses.

The President of the company crossed out the clause regarding interest after 30 days and crossed it out without even asking and mailed it in. I called him to discuss it and he said they never pay there bills late and this was standard practice for him. I replied, If you never pay your bills late then it doesn't matter if that clause is in there and secondly, For your alterations to be binding my initials would have to be there as well.

People will try to pull stuff over on you all of the time, that is how they got to the position they are in. I don't agree with what they did but I am not going to throw away several thousand dollars a year over a PIA Executive.

For the Record they are a NET 30 customer and quickbooks shows they average 46.4 days for payment. Never take someones word.
I think that falls under your belt. As the owner of a company, anytime you get a contract back you should review it to make sure there were no changes. When I get a contract back I review it because easily over 50% of the time theres some sort of change made usually.
 
#18 ·
I hate games......The professional thing to do is tit for tat. Send an email..."We are currently reviewing the new parameters of your winter maintenance agreement. We will submit a new price within 30 days." Take all 30........ and make it worth your while.

One of the first things my father taught me in business is not to let emotions and pride get in the way. It is a business arrangement.
 
#19 ·
I have to agree. Don't berate them. Either send a copy of the email to someone higher up, asking if he ok'd the contract changes, or was even aware of them, or simply inform them, you have always appreciated the work, but it must be according to your written (ver batem) contract or you cannot provide services. Never slam the door until you are sure of the companies position, and not just the position of a pencil pusher. They may not like what he's done either.
 
#21 ·
2 ways to go about it...

If you want to keep the option open of still servicing this customer a simple response along the lines of:

"Unfortunately we cannot service your property according to the altered agreement you submitted. If you would like to discuss your proposed changes and work towards an agreement suitable to both parties please call/reply/..."

If they've burnt your trust just leave a little off the end and let them know why:

"Unfortunately we cannot service your property due to the unauthorized changes made to the service agreement."

No problems with cutting ties now, or giving them another shot. Some guys don't want to walk away from any business, especially in today's cutthroat environment... some don't want or need the hassle of a potentially problematic customer. The one thing you don't want to do is really blast them, no matter how much you want to or they deserve it. You never know who knows who and how the story will be spun from the other side, so I say keep it simple if you choose not to work with them.
 
#23 · (Edited)
John143, have you had to chase them for your money in the past you should drop them. If good payers I would have your lawyer see potential for your increased liability then figure new price to cover increased risk. Turn that $150 into $300 bill.

You can tell customer my contract $150.
Your contract $300.

As said negotiation.

So send them a prompt email stating your lawyer will have to review contract changes before you will accept the terms and provide the service.

Then let 30 days go by before you respond. Let them chase you the way they jerked you around.

Now if no snow happens then you tell them:

Customer my way $150.
Your way $300.

If it snows during that time don't go. Wait for them to call then and say you were just about to send out another contract for them to review.

Say without a contract in place you will have to charge them the event rate of $300 for this storm. And payment immediately upon arival. This is to protect yourself because personnel have most likely changed and these new people are shady.

In the end I would just dump them because they are shady. But would still jerk them around the way they did you just because it's fun to give back what you get.
 
#24 ·
I had this happen only once I had emailed the contract out to them, they changed it without my permission as well. It doesn't sit right with me, if you want changes that's fine, but dicuss it or make me aware of it, don't do it behind my back. We all make mistakes, there have been times I sent out renewals & missed one of the years I needed to change, , etc clients called about it, told them just cross it out, fix & initial, date, etc the change. It isn't a huge deal as long as it is done with respect on both sides.
 
#25 ·
Whatever you do, just keep it professional. You never know who talks to who...maybe that Michelle's husband owns a dentist office in town, and they have an employee who lives at an apartment complex, and they all need to be plowed...always make yourself a good reference. I plowed a day spa. (still do) Her husband owned an accounting firm. She reccommended me, then I plowed his business, and their house. They split up, I plowed both their houses. The accountant...always late to pay. The Spa, wanted to write the check the day of. But I didn't push the issue on the late pay because I didnt want to cause problems. I don't know if this applies to you at all, but it's something I always consider before dropping an account.

I will say, all the other ideas seem like alot more fun though. haha
 
#26 ·
RLM;1371205 said:
I had this happen only once I had emailed the contract out to them, they changed it without my permission as well. It doesn't sit right with me, if you want changes that's fine, but dicuss it or make me aware of it, don't do it behind my back. We all make mistakes, there have been times I sent out renewals & missed one of the years I needed to change, , etc clients called about it, told them just cross it out, fix & initial, date, etc the change. It isn't a huge deal as long as it is done with respect on both sides.
EXACTLY, this is the professional way to do it.

On one of my 2011/2012 season contracts the customer wanted a couple words changed..... no problem, they called me prior to doing it.
There was no issue.

Had I gotten it back from them with the changes and no explanation I'd have been a little peeved.
In my case it didn't really matter, was more of a clarification type of thing not a change in the contract.