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| Posted: 15 Jan 2011 18:30 | |
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Registered User Currently Offline Join Date: Jan 2011 |
Posts: 3 Reputation: Unranked User Rank: 1 - Seedling 
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| Does anyone have a format for a simple contract for lease and or guaranteed replacement maintenance? I would like to find something that is clear but doesn't scare of the client with so many exclusions. Also, any advice on language about renewals. It seems like automatic renewals are just not done anymore. | |
| Posted: 15 Jan 2011 20:06 | |
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Registered User Currently Offline Join Date: Jan 2011 |
Posts: 798 Reputation: 43 User Rank: 10 - Blossom 
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Automatic renewals "are just not done anymore" because in many states, they are illegal to put into contracts. You must give generally a minimum of 30 days' advance notice of your renewal terms, along with a new contract form to be executed by both parties.
As for contract templates, Rick Wilcox of Southwest Plantscape Products has for years offered on this site a complimentary package of forms for interiorscapers to customize for their own use. Unfortunately, at this time there is no way to search the archives for that info, but if you contact Rick (Google the info), I'm sure he'd be happy to oblige. Rick started the very first interiorscaper bulletin board many years ago that was the precursor of 'Scaper Talk and started the trend for our online communities of 'scapers to come into existence. Kudos to Rick for all of his great service to the industry. Clem |
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| Posted: 22 Jun 2011 00:07 | |
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Registered User Currently Offline Join Date: Feb 2011 |
Posts: 13 Reputation: Unranked User Rank: 1 - Seedling
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Hi Clem,
I just wanted to say "thanks" for your help. I took your advice and contacted Rick who sent me some great templates to work with. It means alot to me to have to have you seasoned Interiorscapers around as mentors! Grow1 |
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| Posted: 22 Jun 2011 23:51 | |
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Registered User Currently Offline Join Date: Jan 2011 |
Posts: 798 Reputation: 43 User Rank: 10 - Blossom
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Anytime, Grow. Sometimes the best answer I can give is someone else to ask! Best of luck with your biz.
Clem |
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| Posted: 13 Apr 2012 02:08 | |
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Registered User Currently Offline Join Date: Apr 2012 |
Posts: 8 Reputation: Unranked User Rank: 1 - Seedling
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| Dont bother with that. Most places know when the contract ends. They will keep you or dump you. Ive had big lawfrim clients for years and we never do a re-up. Even if they re-up they can still dump you in 30 days.Some of my better clients are done with handshakes. Only really big over manned do nothing companies will contact you about contracts ending. And thats becouse they have to justfy a job.With over 95 clients i have 1 client who has me do a re up and i thinkthey get federal funds. Some of my contracts are so old they are turning to dust. And yes i oerate in a mid sized city and some really highend places around DC. | |
| Posted: 14 Apr 2012 14:10 | |
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Registered User Currently Offline Join Date: Jan 2011 |
Posts: 798 Reputation: 43 User Rank: 10 - Blossom
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Some clients want a new contract document every year and others don't. Some will supply their own contract boilerplate and ask only that you supply addendums that show service inventories and related site-specific info, and maybe price sheets for things like rotational color, add-on costs for plants, containers and additional per-unit maintenance costs, holiday, etc. It's always best to have a written agreement that will pass legal muster in the unlikely but possible event of a dispute or claim against you for non-performance.
As my dad, a longtime union official, always said, "if it's not in writing, it doesn't mean s**t!" Clem |
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| Posted: 06 Jun 2013 02:49 | |
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Registered User Currently Offline Join Date: Feb 2011 |
Posts: 6 Reputation: 2 User Rank: 1 - Seedling
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So does that mean if a service company has a multi year contract and the client cancels, lets say decides to in house, the service company then has a legal case against the client? Are (plant) service contracts similar to a cell phone contracts ?
Ive heard a lot of people say why bother with yearly contracts when the client can cancel at at time? Is that a concern for the legitimacy of this industry? |
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| Posted: 06 Jun 2013 15:31 | |
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Registered User Currently Offline Join Date: Jan 2011 |
Posts: 798 Reputation: 43 User Rank: 10 - Blossom
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| Good point. It's more a practical matter than a legal one. Sure, you agree mutually to certain terms and conditions of a service contract, including a 30-day out in many cases, but what's to stop a client from cancelling anytime they like? What do you hope to recover by taking that client to court? Can you prove that your business is somehow damaged by their action? You may lose a few hundred bucks and spend a few thousand trying to recover it. Even small claims court, where it's fairly easy to win a judgment, is not often a win for the winner, because of the difficulty in collecting the judgment. Good will and relationships trump contracts in almost every case. That's why we prefer to do small office accounts instead of big corporate ones...done both, like smaller better. | |
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