Clean It Up
UK Window Cleaning Forum => Window Cleaning Forum => Topic started by: Crystal-clear on April 27, 2011, 09:51:15 pm
-
I am now very careful as to who joins my round however
i would prefer a contract for 12 cleans.
Will be using them now for any new work,i know some of you use them.
what is the best way to write one up?what makes them legal .must i stress my terms which must be met otherwise they are in breach of contract.
i know some here will say its useless but i feel it is important after that period expires i will explain that its on going clean by clean. and maybe drop the price by 10%.
P.S the contract will only Tie the customer for the front if they have access issues.
I really wana make a legal document so if the customer is in breach (ie canceling) i can employ Harvey Ingram.
This must be possible.
-
i would laugh a wc who tried the i have a contract crap, so u must have me, sounds like a desperate window cleaners who is afraid to lose work, can u image a gardener trying this, u must get ur grass cut by me only
-
i do know for a fact people will sign it and the window cleaner with the contract will have the last laugh ,
its not about loosing work its about filtering out the messers.
-
i think i came over a bit strong, i am sorry
i think u will still get messers as i cant see how you can inforce this
-
Thats basically what i wana find out . if i need to i guess i should speak to a solicitor.
but hopin someone here might shed some light.
-
I reckon that the best way to keep customers is to do a top job for a fair price, have a pleasant personality, and develop a working relationship built on mutual trust.
John.
-
Thanks John ,i know all this mate ..
However all i am interested in is the legal side of things.
-
The answer is you can't
This would be seen as an agreement as opposed to a legally binding contract
The only recourse you would have would be to recover through the small claims for any monies owed.
We have the freedom in this country to choose as an example a mobile phone provider will offermyou a contract, the only legally enforceable part of this is you must pay to use it. It does not mean that you cannot use another provider, it does not even mean that you have to complete the "agreed" length of contract, it is not enforceable in a court of law. The only gain a provider would have would be to recover any outstanding monies.
When a salesperson leaves BMW to work for Jaguar they may as an example be issued with a formal letter stating thtat they cannot take BMW customers to their new sales job ie then sell them a Jag, this again s not enforceable as rightly or wrongly this country operates under the freedom of choice. a customer can use or buy what they want when they want and as often as they want from whom they want, if they can pay for it.
Last example Mr so and so who owns the gyms signs you up to a minimum 12 month contract yeah right it doesn't matter cos in the small print therein lies the right to cancel
Be good at what you do at a fair and honest price and why would any client ever not want to use your services
Gordon
Ps I am not a qualified financial expert, have just lived long enough to learn things
-
Thanks John ,i know all this mate ..
However all i am interested in is the legal side of things.
Sorry, I wasn't trying to be condescending. My angle is that by doing the things I suggested would more or less eliminate any need to commit customers to a written contract, as you would gain the loyalty and respect from most of them. There will always be the odd one who may be a messer, but they can be dropped as soon as they become a problem.
If you are going the contract route, it may be worth getting some proper legal advice from a solicitor.
John.
-
Thats basically what i wana find out . if i need to i guess i should speak to a solicitor.
but hopin someone here might shed some light.
If you're creating something intended to be enforceable, you MUST speak to a solicitor. Remember, there will be obligations on you as well, so you want it to be right.
Vin
-
I am now very careful as to who joins my round however
i would prefer a contract for 12 cleans.
Will be using them now for any new work,i know some of you use them.
what is the best way to write one up?what makes them legal .must i stress my terms which must be met otherwise they are in breach of contract.
i know some here will say its useless but i feel it is important after that period expires i will explain that its on going clean by clean. and maybe drop the price by 10%.
P.S the contract will only Tie the customer for the front if they have access issues.
I really wana make a legal document so if the customer is in breach (ie canceling) i can employ Harvey Ingram.
This must be possible.
Is that the lad who also works for Bobby P?
-
gordonswindows
i have a contract between myself and my subbys that stops them contacting my customers outside of doing the wk for me .they can not contact my custys for a period of 18 mnths after leaving me .
i also have window cleaning contracts with my commercial jobs that say that the term runs fior 12 months.and as long as i work within the contract they can not get rid of me .
so im not sure what you are saying ,contracts do exist and are inforceable.
in my case if my subbys break our contract/agreement i can seek an injuntion and/or damages .
however my experience of solicitors is that nothing is set in stone ,and contracts are expencive to havew drawn up and even more expensive to inforce .
its not easy
-
Just charge double for the first clean, and if they cancel after that then you have still made a profit.
If you are trying to tie people into a contract it smacks of desperation, because you want to force them to keep paying for your services even though you are rubbish !
-
What happens after 12 cleans? Can they leave on a Bosman?
-
Will be interesting to hear a few more answers on this ,gardonwindows your post seems right.
question if i stoped paying my monthly phone contract they will write to me asking for £400 to pay it off, as i did not finish the contract,
-
Hi Crystal
I think I may be able to offer some advice or assistance if you want to send me an email- paul55@hotmail.com
Cheers
-
Although in theory it is fine, it has to be remembered that it ties in the window cleaner too. Most of the time that may be fine but unexpected things do happen. So, in a contract you would need to excuse yourself (or staff members) for being ill, for vehicle breakdowns and for a whole host of unexpected possibilities. If you do that for yourself, it would be morally right to do it for the customer too IMO e.g. unexpected job loss, unexpected drop in income for other miscellaneous reasons (including illness). If I were a potential customer and a window cleaner wanted to tie me in that might be OK if the price and service were right. However, if he wanted to excuse himself from honouring the contract when unexpected circumstances occurred, I would want the same leeway.
Not a legal opinion of course because I'm not a solicitor. Just viewing it from the perspective of the "reasonable man".
Of course, if you have a large enough company and carry enough spare capacity to work around the unexpected, then it might work. If you have a spare van or two and spare labour to get over such problems - again it might work.
I suppose the trick would be to only have some of your work contracted in such a manner. In doing this, if the staff and van(s) were in short supply, you could always divert resources from non contracted work.
I've never done anything like this. Just putting a few things out there in case you haven't considered them.
-
I reckon that the best way to keep customers is to do a top job for a fair price, have a pleasant personality, and develop a working relationship built on mutual trust.
John.
Well put mate