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CUSTOMER agrees that LORAX & CO, LLC may provide services on the date of its choosing, so long as said date is within 60 days of the Acceptance Date.
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Hmm... how many days notice do you give them of they day that you decide, on your own, to show up? Say it's little Johnny's birthday, do they just put up with all the commotion outside?
Moreso, considering your strict payment plan, consideration should be given to how long it might take the customer to put the money together. Things come up. You just ring them up and say, "we'll be there day after tomorow" and then they must fit it in nomatter what they have planned?
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CUSTOMER agrees that credit will not be extended and payment is due when WORK is completed in a way that would satisfy a reasonable person. If payment is not received at that time, CUSTOMER agrees to pay monthly late fees totaling 10% of they delinquent principal amount.
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Okay, what satisfies a reasonable person? And who is this reasonable person? Is that cash/check/ credit card or what? Can't you say that?
So 10% late fee is assessed up front and they have a month to pay the rest off.. that's actually pretty reasonable. Might even be worth it to them to put you off. How long can the be delinquent before defaulting on their contract?
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CUSTOMER agrees that in addition to binding to the terms and conditions of this AGREEMENT that he/she also provides a PERSONAL GUARANTEE to the terms of this AGREEMENT (including payment of principal, interest, and collections fees) which shall in addition be binding to any corporate, partnership, and or trade name entity stated herein.
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I don't know how things go over there, but here... If you make a deal with a corporation, the INDIVIDUAL is NOT going to give you a personal guarantee. The Corp. is an entity seperate part and parcel of the employees of that Corp. This is done for a reason. It's legal seperation, which provides personal protection in the event the Corp is sued or brought suit against.
You hire a pest control... they come, they spray. You have ants a couple days later, you gonna sue the company he works for, AND the guy? Hell no, thats why the company is there, you sue the company. (or whatever action is appropriate). He's not guaranteeing you anything as his own person.
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CUSTOMER agrees that no employee or agent of LORAX & CO, LLC is authorized to mitigate disputes between neighbors.
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In that case, make sure that you and your employees don't find yourself in the situation of mitigating, and then turn around and say "that isn't official, I never said that" later on, just to cover yourself.
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CUSTOMER agrees that CUSTOMER is responsible for designating property boundaries and underground installations (such as pipes, cables, wires, irrigation systems and septic systems), and is responsible for any costs that arise from errors or omissions in such designation.
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From what I know of the Arbs I've talked to, and seen on here, many of them value their clients, and their reputation enough that THEY will make the necessary calls to make certain that every opportunity has been made to ensure that these things aren't going to be a problem.
Sure, things happen, but how can you just say "screw it, you do it, I'm just not gonna be bothered with it, I don't have the time for it, I'm not interested..."
I wouldn't be surpised if many h.o.'s found it a daunting task just to call all of those people.
If you already have the numbers on hand, wouldn't it show a degree of professionalism to help them out with it?
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CUSTOMER understands that during the course of the WORK lawn, soil, earth, plants and/or other property fixtures may be damaged, and unless otherwise mutually agreed in writing, no compensation, replacement, or guarantee will be provided for such damaged items.
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HACK PROTECTION CLAUSE!!!!!
This is absurd!! This says "we drop a tree on your house....ooops"
"We show up and see you've got a nice garden, a gazebo, some fences, and that working around it all will take six hours... screw it, we can drop shit everywhere and be done in 2, your loss"
This is absurd! You don't even hardly need insurance if you can get someone to agree to this!
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CUSTOMER understands that Additional costs may be incurred if metal or concrete are found which result in damage to stump grinders, chain saws, or chain saw bars or chains.
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Say it's a piece of plastic? A rock the h.o. placed? Tree swallowed a nail years before the h.o. bought the property, but Lo and behold! You hit it going through the trunk and your chain snaps... you just tack that on as an extra charge to the h.o.? WTF?
Groundie looks at it and says "aww, i can cut through that..." ruins a bar/chain in the process, and thinks "heck, we'll just charge the guy for it, he won't know the difference"
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CUSTOMER agrees that except as otherwise mutually agreed in writing, this document is the COMPLETE AGREEMENT of the parties and supersedes all other agreement(s) or understandings, written, oral, or otherwise.
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Sounds kinda contradictory. So, if there's an ammendment it must be in writing... but then, too bad, because the Agreement supercedes anything in writing, doesn't it?
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This is a classic example of tricking people into getting lost with the fine print, getting them to sign it and saying "oh it's all the basic stuff, don't worry" (which, incidentally, is an oral statement that the contract supercedes) So your word basically means jack.
If you put this contract in front of me, not only would I rip it up, but I'd order you off of my property in addition to telling anyone who would listen that you're running a scam operation.
Just my $ 0.02
Ya gotta have some human element in this stuff. You try to cover everything, which just leads to leaving things out, and making it come off wrong. Almost sounds like you're right here in Los Angeles =)