# Watch Out!!!



## dayexco (Oct 30, 2003)

contract signing time

don't make the mistakes in signing a contract...

#1. give up your rights to file a lawsuit in your local jurisdiction for non payment, or disagreement of contract...don't end up in let's say.....for giggles and sheets...pennsylvania in front of a hand picked arbitration board. 

#2. don't give a 4% rebate on gross dollars over $10k.

#3. don't sign up for early payment with a discount...there is no such thing.

#4. make sure, that EVERYTHING correspondence wise you send is by certified mail. keep fax logs, ask for email received receipts...horror stories of payments not being sent because of paper work not being in compliance in my experience are the norm.

#5. if the snow season in some areas starts as early as late october...why wait until late january to receive first payment on your seasonal contract? insist that first payment comes when you expect it. 

#6....PLEASE, PLEASE, have your attorney view any contracts before signing them.


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## elite1msmith (Sep 10, 2007)

#3 is a common discount given in a lot of industries, however it is normally dictated by the vendor and normally a "quick/early "is net 10


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## dayexco (Oct 30, 2003)

PLEASE feel free to add to my list.


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## LoneCowboy (Jan 2, 2007)

watch out for the hold harmless clause.


don't think because YOU wrote a contract that it's actually going to hold up once the lawyer's get a hold of it.


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## northernsweeper (Aug 26, 2004)

#6
Make sure your insurance company has a copy of your commercial contracts. If not, they may bail on you, when you need them most.


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## csi.northcoast (Aug 7, 2010)

my compliments to you post ...it shoulld be required reading for anyone new to the business...esp those who want to jump into bed with nationals....unfortunately ....no matter what business you are in it is not that easy as doing the job and getting paid.... i only wish i couls just jmp in a truck and plow a lot rather than meet with my attorney/ins agent/banker etc etc.. again very good post


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## snowman5313 (Jun 19, 2009)

Thats funny. I was contacted by a local company and they have many of the same clauses that you guys are saying. Its funny because why sub if you are going to take on liability and get paid down the road? I should just do the foot work myself, find work, do the work, take on liability, and get paid down the road.


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## grf_1000 (Sep 14, 2009)

thats wording from a USM contractor pack they sent me. lol


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## dirtmovr (Oct 11, 2007)

I have a USM contract in my hands, nowhere in it is the hold harmless and defend clause. Do they use a one for all contract with their prospective subs? Also how receptive is USM to the sub modifying the contract before signing it and sending it back to them for their signature? Just Curious.


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## kpmsnow (Sep 18, 2009)

dirtmovr;1081391 said:


> I have a USM contract in my hands, nowhere in it is the hold harmless and defend clause. Do they use a one for all contract with their prospective subs? Also how receptive is USM to the sub modifying the contract before signing it and sending it back to them for their signature? Just Curious.


Read carefully because it is in there contract packet that they sent me. I have it on my desk at the shop.


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## Mick (May 19, 2001)

dirtmovr;1081391 said:


> ... Also how receptive is USM to the sub modifying the contract before signing it and sending it back to them for their signature? Just Curious.


Try it and see:laughing:. Let us know how it turns out.


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## basher (Nov 13, 2004)

dayexco;1080798 said:


> ...
> 
> #1. give up your rights to file a lawsuit in your local jurisdiction for non payment, or disagreement of contract...don't end up in let's say.....for giggles and sheets...pennsylvania in front of a hand picked arbitration board.
> 
> ...



Number six should be number one, then you don't have to worry about number one, the lawyer would have told you it's really not an enforceable clause. 



LoneCowboy;1080980 said:


> don't think because YOU wrote a contract that it's actually going to hold up once the lawyer's get a hold of it.


Right on! Too restrictive a contract is worthless. No court in the land is going to accept a "I am not libel for anything" statement.



northernsweeper;1081032 said:


> #6
> Make sure your insurance company has a copy of your commercial contracts. If not, they may bail on you, when you need them most.


You should meet with both your insurance man and your lawyer to review any major contracts.



sbg4024;1081316 said:


> . i only wish i couls just jmp in a truck and plow a lot rather than meet with my attorney/ins agent/banker etc etc


The difference between a amateur lowballer and a professional 



dirtmovr;1081391 said:


> Ihow receptive is USM to the sub modifying the contract before signing it and sending it back to them for their signature? Just Curious.


About as receptive as I am when some one changes my contract. changed contracts go to the circular file (trash can) and I look for other companies to fulfill the commitment.


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## swtiih (Nov 30, 2008)

great posts, unfortunately there will be people who won't listen


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## lilweeds (Aug 3, 2007)

Basher has got it hit on the head. Real simple, if you do what's asked of you including paper work, I don't care who your plowing for you'll get paid.


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## dumbyankee (Jul 30, 2010)

Discounts when a client pays their bill. NOOOOOOOOOOOOOO! Pay the dam bill as stated on time or I will make a trip to your dam office and take it from you.


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## plowman4life (Jan 16, 2008)

no discount for early bill pay

how about pay your bill on time and i wont charge a late fee or leave 12' of snow in the entrance to your lot


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## dirtmovr (Oct 11, 2007)

Mick;1081444 said:


> Try it and see:laughing:. Let us know how it turns out.


Well, we got their contract......... crossed a few things off that we don't like or want changed. So far we have gotten a green flag with the changes TAKEN out of the contract!!! So some things are not carved in stone with a chisel after all. Also we agreed on our price to do the lots. So here's to you......:laughing: 
With all that said, I still feel uneasy with their paperwork and hoops to jump through to get paid.


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## Mick (May 19, 2001)

dirtmovr;1096983 said:


> ... So here's to you......:laughing:
> With all that said, I still feel uneasy with their paperwork and hoops to jump through to get paid.


Don't be too quick. It "ain't a done deal" yet. I'd be uneasy, too. I got one of their contracts a few years ago. I got about half way through it before I threw it in the trash.


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## dirtmovr (Oct 11, 2007)

Thanks, We edited the worst out of the contract but there is still alot of questionable areas in it. I have not signed anywhere at this point, still considering. Whats funny is the store managers are not happy with how the nationals deal with the snow, they would rather hire it out locally but their hands are tied.


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## ivyleague (Jan 2, 2006)

The verbage in the contract is frustrating enough, but they changed my rebate from 4% - 8% and told me that someone in my office signed for a letter (we don't have) so they want to hold us to the 8%. Then I was told that we had to agree on a lower number from last season or they would shop around.


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## gtstang462002 (Dec 23, 2009)

ivyleague;1098642 said:


> The verbage in the contract is frustrating enough, but they changed my rebate from 4% - 8% and told me that someone in my office signed for a letter (we don't have) so they want to hold us to the 8%. Then I was told that we had to agree on a lower number from last season or they would shop around.


I would tell them to start shopping... I can always find work the day it snows.... It is easier to name your price then too.


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