getting serious about collecting

[Dale Probst]

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Wim,
I would like to see the contract. If you want to mail privately that's
okay too.
Miss you in Reno,
Dale
Dale Probst, RPT
Member, TEAM2001
PTG Annual Convention
Reno, NV --July 11-15, 2001
email: wardprobst@cst.net
(940)691-3682 voice
(940) 691-6843 fax
TEAM2001 website: http://www.ptg.org/conv.htm

  

-----Original Message-----
From: owner-pianotech@ptg.org [mailto:owner-pianotech@ptg.org] On Behalf
Of Wimblees@AOL.COM
Sent: Friday, June 29, 2001 5:30 PM
To: pianotech@ptg.org
Subject: Re: getting serious about collecting


In a message dated 6/29/01 2:23:24 PM Central Daylight Time, 
grandrestorations@yahoo.com writes: 




You said to be prepared to take the (organ) back. 
Could I rightfully do that?  It is and always was 
their property.  I have performed major services to 
it, but at no time was it my property.  I'm just not 
clear on how legal it would be to try to repossess 
something that doesn't actually belong to me.  ??? 
Now, if I haven't delivered it yet, that's another 
matter.  I believe I could legally withhold delivery 
for non-payment (which I will not hesitate to do in 
the future).  



Perhaps it might not be legal to put the organ, (piano) back on the
truck 
after it is put in the house. But I bet if you started doing that,
unless the 
customer is a lawyer, most people would not know you're not allowed to
do it, 
and would not want their instrument gone. Therefore, they will most
likely 
come up with a solution. Perhaps give you a post dated check, or
whatever. 
The point is, if you did something that will solve the problem, it's
better 
than just walking away without the money. 





There are quite a number of technicians who I've 
talked to that demand 1/3 payment upon receipt of the 
piano (or organ), 1/3 payment during the process, and 
the final 1/3 either before or upon delivery. 
Actually, that's my normal policy at this point. 




I collect half up front, with the balance due upon completion. (see next

paragraph). Obviously, in your situation, having the customer come your
shop 
was not an option. 




I did wonder, though, if a customer does stiff you for 
payment of services rendered and the piano is in your 
possession, as in the case of a major rebuild, would 
you ever have the right to sell the piano as an effort 
to recover your investment?  Is that something that 
anyone actually puts into a contract?  



Up until the debacle I mentioned, all I had on my rebuilding contract
was 
that the balance was due upon completion. This customer's definition of 
"completion" and mine were obviously different. As my lawyer once told
me, 
any contract between two people is legal. The problems come when the two

people disagree on the interpretation of the language of the contract. 

Since then, I have very implicit terms on the back side of the
rebuilding 
contract. If you, or anyone else is interested, I'll post them. Included
are 
how and when payments are to be made and what happens when payments are
not 
made, including storage fees and interest. 

Willem 




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