Contracts

[MinUph]

  I've never used any form of Contracts with my customers either private or trade people so I am at a loss here. I think I need to create one for C.O.M. customers to explain the liability of C.O.M.s and who is responsible for what.

  Does anyone use such a thing? If so would you mind sharing? Or point me in the right direction. I'd like to have something by the first of the year.

  Thanks

[SteveA]

It sounds like a hold harmless document that will absolve you from events beyond your control.  I created one years ago for folks who are unreasonable.
Had friends who were lawyers give me the language - tweaked it to be specific for my trade - made two part carbon copies - spend $ 150.00 with Deluxe Printing and in the last 10 years only used the form one time.

What I think is that when you sense folks are unreasonable back away - tell them to go else where - 
A document like that becomes a snow ball because when you're done writing it .... it sounds like no responsibility applies whatsoever to anything -
How could it be your fault if they supply the material ? 
SA

[MinUph]

Hi Steve,
  This happened once to me in the last 48 years in this business. It is a two fold issue really. One being I mis-estimated the yardage on a job by 3 yards which is no real big deal I would have bought the 3 yards and moved on but this fabric was not available and when it became available the dye lots are way off. There is the question of who may need to replace the 25 yards of fabric now if we cant figure something out. Still working on finding more fabric.
  I would like this to be understood in writing beforehand if possible. Estimates are just that and the fact that I will not be held liable for a situation like this on a COM job.
  IDK if I will go in this direction or not yet as I never liked the use of contracts or anything else the customer needed to sign off on. It just isn't me. A handshake or OK has been enough for me. But business is business and maybe I need to take this approach.

[gene]

Steve Winters might be of help. http://www.winterssewing.com/

I have this info on the bottom of my Estimates and I got this from him.

Prices quoted are for labor only, unless otherwise stated. We will discuss with you first any additional charges due to unforeseen damage, repairs, and materials that may be necessary with furniture upholstery. All work is to be delivered or picked up at the time of completion, unless other arrangements have been mutually agreed upon. Thank you.

Adding something on your Estimates about fabric estimates should not be that difficult. Steve may have something like that already worked out.

I am assuming that your fabric estimates are going on your labor Estimates also.

Gene

[MinUph]

Yes they are Gene,
  I've been thinking along these lines also. At least for the "estimates part". Will check out Steve's site. thanks.

[SteveA]

Paul now with a crew working for you these kinds of issues surface.  When customer fabrics come in do the guys automatically open the roll - check the yardage, check for damage, lay it out, sew pull everywhere they can, does the deck have to match,  or is it more lets get busy we need this couch by next week ?  One man shop vs crew - you're on your toes my friend.
I like Gene's idea - something simple at the bottom and folks should bring to you 3 yards above what appears to be necessary.
On the bottom of my bill it says " the above service was completed satisfactorily and my home and personal property was not damaged during moving services" signed.....by customer and dated.
I previously thought I needed strong worded agreements but not so anymore.  Another consideration is that heavily worded contracts could cause a customer to go elsewhere.
SA

[kodydog]

I worked for a place that was notorious for underestimating yardage. They also bought all their in house fabric off the back of a truck and it was full of flaws. I learned real fast to always drew up a cutting diagram and check the fabric before cutting.

When they hired a new guy I warned him of this reoccurring problem. But he was Joe get-er-done and never bother with this extra step. One day he was working on a channel back chair using blue velvet. And he ran out of fabric. It was the end of the bolt and they couldn't get more.

This happened often and management would always come into the back room and ask why we didn't check the fabric before we started? I would always counter the argument by asking, why wasn't the fabric checked at the point of sale? And of course nothing ever changed.

[MinUph]

This is what I have come up with for a signature for email estimates. Opinions requested.

Thank you for the opportunity to work with you on your project. Please understand that an estimate is just that. An estimated for labor cost and yardage. While we can normally get very close sometimes we underestimate yardage. If you are supplying the fabric, or fabrics, you are be responsible to either order 10% more yardage than required at the time of the order or provide any additional fabric as needed. We accept no responsibility for Customer's Own Materials (C.O.M.).

[Mojo]

Try This:

Thank you for the opportunity to work with you on your project. Please understand that an estimate is just that - an estimate for labor cost and yardage. We work very hard at trying to be exact on yardage requirements but sometimes unforeseen issues once the work begins can result in our needing extra material. If you are supplying the fabric, or fabrics for your project then you are responsible to provide any additional fabric that may be needed. We accept no responsibility for Customer's Own Materials (C.O.M.) or its availability.

[MinUph]

Sounds better Chris. Thanks