getting serious about collecting

[Farrell]

This is a multi-part message in MIME format.

---------------------- multipart/alternative attachment
MessagePlease post if you don't mind. Or if you do mind, please send a =
copy my way, if you don't mind. Thanks.

Terry Farrell
 =20
  ----- Original Message -----=20
  From: Dale Probst=20
  To: pianotech@ptg.org=20
  Sent: Friday, June 29, 2001 6:45 PM
  Subject: RE: getting serious about collecting


  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

   =20

  -----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,=20
  grandrestorations@yahoo.com writes:=20



    You said to be prepared to take the (organ) back.=20
    Could I rightfully do that?  It is and always was=20
    their property.  I have performed major services to=20
    it, but at no time was it my property.  I'm just not=20
    clear on how legal it would be to try to repossess=20
    something that doesn't actually belong to me.  ???=20
    Now, if I haven't delivered it yet, that's another=20
    matter.  I believe I could legally withhold delivery=20
    for non-payment (which I will not hesitate to do in=20
    the future). =20


  Perhaps it might not be legal to put the organ, (piano) back on the =
truck=20
  after it is put in the house. But I bet if you started doing that, =
unless the=20
  customer is a lawyer, most people would not know you're not allowed to =
do it,=20
  and would not want their instrument gone. Therefore, they will most =
likely=20
  come up with a solution. Perhaps give you a post dated check, or =
whatever.=20
  The point is, if you did something that will solve the problem, it's =
better=20
  than just walking away without the money.=20




    There are quite a number of technicians who I've=20
    talked to that demand 1/3 payment upon receipt of the=20
    piano (or organ), 1/3 payment during the process, and=20
    the final 1/3 either before or upon delivery.=20
    Actually, that's my normal policy at this point.=20



  I collect half up front, with the balance due upon completion. (see =
next=20
  paragraph). Obviously, in your situation, having the customer come =
your shop=20
  was not an option.=20



    I did wonder, though, if a customer does stiff you for=20
    payment of services rendered and the piano is in your=20
    possession, as in the case of a major rebuild, would=20
    you ever have the right to sell the piano as an effort=20
    to recover your investment?  Is that something that=20
    anyone actually puts into a contract? =20


  Up until the debacle I mentioned, all I had on my rebuilding contract =
was=20
  that the balance was due upon completion. This customer's definition =
of=20
  "completion" and mine were obviously different. As my lawyer once told =
me,=20
  any contract between two people is legal. The problems come when the =
two=20
  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=20
  contract. If you, or anyone else is interested, I'll post them. =
Included are=20
  how and when payments are to be made and what happens when payments =
are not=20
  made, including storage fees and interest.=20

  Willem=20




---------------------- multipart/alternative attachment
An HTML attachment was scrubbed...
URL: https://www.moypiano.com/ptg/pianotech.php/attachments/1e/4c/d3/fd/attachment.htm

---------------------- multipart/alternative attachment--