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Hi Guys,
I need the legal language for a receipt for goods delivered and installed. I have a client who, to be fair, is completely bonkers. Nothing satisfies her and she’s completely neurotic. I’m delivering some work to her this week and if she doesn’t find fault with it, I want to have her sign a receipt saying she has examined the work, found it acceptable and is signing off on it. I don’t want to ever have to go back to her. But I need the legal language for the receipt in case her check bounces and I have to take her to court. Anyone have something I could use.
Just in case you’re wondering, my behavior has been beyond reproach! 🙂
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On this (date), I (customer name) hereby acknowledge receipt of (description of goods); I have fully and completely examined same and found them to be in conformity with my requirements in all respects; I accept same in full and complete satisfaction of all terms and conditions of the contract, waive all claims and defenses with regard thereto and acknowledge that Carleton Woodworking has fully performed all obligations to me to my satisfaction.
Short of owing you her youngest child, this should cover you. Where should I send my bill?
SHG
*Hi Kim Carlton Graves.Many of us know your customer's type. Often, we have discovered that all the writing in the world cannot sometimes help. The customer can make claims like ..."I was under duress when he said to me sign or you dont get your stuff!"...And, the words of the writer are presumed to be advantageous to the writer.I agree with SHGLaw's above post. Those words would seem to cover the situation.But, I would like to offer that it is important that woodworkers understand psychology before they jump to law.I try to keep customer participation from the beginning, in all custom works, so that everything is open-book. Whatever your wages, costs, expenses and profit are, include that with the documents to be given the customer. I believe that more is gained on both sides, and the customer is always aware of current status.Now, if I choose to just bid on something concrete, in wood, then all that is put in the form of the outline: who, what, when, where, and why and how, if necessary.Does my thinking sound clear?Hope this helps.Note: The above should be discounted to the extent that even when all above has been done, more is needed. It is the "more" which is unknown. And this unknown should be the factor by which to discount. Can there possibly exist so many customers who fail to understand, or speak English anymore, when a new contract has been created? Or is it like Proverbs 20:14 KJV- "It is naught, it is naught, saith the buyer: but when he is gone his way, then he boasteth".
*Alan:My father has a wholesale nursery. He has the same passage on a plaque hanging on the wall of his office. Different translation: "'It is no good' says the buyer and then off he goes to boast about his purchase."
*SHG is a bit off here -- it is the FIRSTBORN child that should be used as collateral.Most importantly, if the client THINKS they are happy, then they are happy and will go away. Just imagine the referrals this could bring!Seriously, good luck. And wear a helmet.
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This sounds like a learning experience. I would suggest your price to her is too low if you still get work from her.
Good luck with getting paid and run to her bank to cash that check. Some customers just will not let you make a profit.
Does she talk you to death when you are there?
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Kim Carleton Graves,
May I also suggest that you take HER check directly to HER BANK and present it immediately for payment. That way you get your money faster. It may be a little out of your way, but saves you the trouble of depositing it to your account and waiting the 3-5 days for it to clear. She would have to be pretty quick on the phone to put a stop payment on the check she just wrote!
*An excellent suggestion Frank,but it could cause more problems.If Kim recieves a check made out to his business name ,a bank will require it to be deposited to a bank account with the same name and will not cash it, even if Kim is the sole prop. of his company.If Kim does business as a LLC or an INC. and cashes a check made out to him personally in payment of services or goods produced by his company his disgruntled customer could make the case that the services were provided by Kim personally and not the seperate LLCor INC. entity cashing that check personally, instead of depositing it into the appropriate account could void valuable liability protection.Banks have become rather A-holish about this since the S&L mess. Several years ago it reached the point where my bank will not cash checks made out to the business by customers of the same bank. Obviously the bank knows both parties in the transaction well,but the government wants a paper trail of all money transactions a mile wide.Soon we will all have to provide thumb prints to access our own accounts. The thumb pads are already in place at my bank.Good Luck All,Stephen
*Stephen,I see your points. I would hope that the bank would be willing to cash a check that is drawn on it's accountholders funds provided the individual presenting the check was able to provide proper identification. That should be an option for anyone, personally or corporately (if that is a word) it should not matter. However, having worked with banks and insurance cos. for 20 years, I caveat it all with should and hope. And each bank is different with their requirements.Sorry to hear about the thumb pads....be glad they don't want blood to go along with it!
*Kim, you're from Brooklyn? Why didn't you say so. Just tell her that the boys want their money. The boys ain't happy when they don't get their money. No need for paper. Just the boys and a baseball bat. Nothing to it.SHG
*... or they cut off her thumb. No problem. But remember, be subtle, she might be wired.I'm remembering while I didn't take Commercial Law/UCC. Ugh.
*"The law of opposites"....it's a phrase I reach for when what "is"..."isn't working"...Sometimes it work wonders like magic!!!....It shows it's face accidently sometimes...Try telling someone your work is probably just "fair" in quality, when you stand next to your delivered pieces that are perfect...If your aproach is right, your custumer will jump in and defend how "great" your work is till your ear falls off or you cry uncle...(they'll sell your work to themselves!!)I love those special endings when they happen to me..."The law of opposites" is applicable in every imaginable way. Remember it like a weapon in time of need.near the i frozen stream,and out "two cents,"aj
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Hi Guys,
I need the legal language for a receipt for goods delivered and installed. I have a client who, to be fair, is completely bonkers. Nothing satisfies her and she's completely neurotic. I'm delivering some work to her this week and if she doesn't find fault with it, I want to have her sign a receipt saying she has examined the work, found it acceptable and is signing off on it. I don't want to ever have to go back to her. But I need the legal language for the receipt in case her check bounces and I have to take her to court. Anyone have something I could use.
Just in case you're wondering, my behavior has been beyond reproach! :-)
Kim Carleton Graves
Carleton Woodworking