posted
Hello friends, I want to share what just happened to me and get some advice. A first time customer referred by a good customer asks for a bid on a box truck two sides and back. 15' long 7' tall the back is 6' x 7'. He tells me he'll probably have me do two. I give him a bid for one at $1000.00. He calls a couple of days later tells me the bid is good, so I do layouts. He approves them. I get a downpayment of $250.00. I letter the truck & bring it to him this morning. He hands me a check for $250.00!! I say "there must be some misunderstanding, the bid was for $1000.00" He immediately grabs the check from me, tears it up and says "we're going to court, your price is too high and that bid is for two trucks" ($500 a truck? he's out of his mind!) I say it doesn't matter if I'm too high or too low you accepted the bid when you gave me a down payment". After he rants and raves for a while I told him I didn't want to take him to court. I then apologized for his misunderstanding and accepted his check for $250.00. I figured that's better than waiting, going to court, and even then there's no guarantee he'll pay me. What would you have done? also after accepting his check is it too late for me to re consider and take him to court? I didn't sign anything saying he's paid in full. Thanks in advance,
-------------------- Glen Lemmon Visucom Art & Signs Pocatello, ID visucom@hotmail.com www.visucomsigns.com Posts: 35 | From: Pocatello, ID | Registered: Mar 2002
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posted
well that sucks! i always put "each" on my quotes or "per" box truck. i would say that guy was being a dirt bag for sure..$500 for a box truck that size is a steal for sure...hopefully he won't find another sign person to do the other one for $500. i feel for ya. at least there's a lesson from it all(couldn't ya smack people who say that?)...i learn quickiest from those types of lessons.
-------------------- Karyn Bush Simply Not Ordinary, LLC Bartlett, NH 603-383-9955 www.snosigns.com info@snosigns.com Posts: 3516 | From: Bartlett, NH USA | Registered: Jan 2001
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Where's Ryans post about de-installation? Not to repeat all the legal schtuff again, but there were a few interesting stories about illegal de-installs (under cover of darkness) bringing either the desired results or some measure of satisfaction. I feel better trying to tame my vengeful heart when it rears its ugly head, but sometimes giving in to the desire for vengance has worked for others.
(I'm not saying you want revenge, you didn't say you did, but I think I probably would.)
posted
Yea, that's one hell of a misunderstanding. The lessons that cost are the ones best learned from. Believe me I know.
I would have taken a half down deposit ($500) and that would have helped. If he comes back wanting the second truck done (which I dought, he'll probably go screw the next sign guy) then I would charge the $1000 and try to catch up.
Man, I tell you what, I think you got screwed, and boy if ya had the signed estimate I would take him to court because he sounds like an ass. He knew what he was doing.
But the deciding moment is when you took that check, that could be considered "paid in full".
It sucks. But **** happens,learn from it and move on. Shame on them first time,shame on you second time.
Been there, done that.
Good luck.
[ April 21, 2003, 02:15 PM: Message edited by: Tony B ]
-------------------- Tony Broussard Graphic Details Digital Media Loreauville, LA Posts: 395 | From: Loreauville, LA | Registered: Jul 1999
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I must say that another thing that probably added to the confusion of your situation was the downpayment. Why $250.?
Wouldn't a downpayment for a $1000.00 job be $500.00? (50% of the job)
Glen ... you just gotta spell things out, and literally too, on a contract. With their signature and deposit of 50 percent.
I've never gone to court with anyone before, so I can't give much advise there.
I'm sorry for your misfortune in this transaction. As Karyn says tho ... those kinds of lessons really stick! You won't be touchin' that burner again eh?
Nettie
-------------------- "When Love and Skill Work Together ... Expect a Masterpiece"
posted
Just thought of another last ditch thing you could try ... to side step the going to court thing.
How 'bout trying to reason with him, ... and offering to share the loss in this whole thing, instead of you eating it all.
Ask him if he would be willing to pay you $750.00 for this truck, since it's already done ... but that you'll have to hold firm on the cost of the other one.
Just a thought. He might feel for you, and reconsider.
nettie
-------------------- "When Love and Skill Work Together ... Expect a Masterpiece"
posted
Thanks everyone for the advice. From now on quantities will be indicated with a numeral and spelled out. When accepted they will be signed. The guy's a huge ass. He thinks it's my fault he didn't read the bid!!!I did suggest we split the difference, that's when he told me to remove my lettering, give him back his deposit and get off his property! His arms were were flailing about the whole time. It was kinda funny now that I've cooled off. Oh well what goes around comes around, he'll get his. Thanks again.
-------------------- Glen Lemmon Visucom Art & Signs Pocatello, ID visucom@hotmail.com www.visucomsigns.com Posts: 35 | From: Pocatello, ID | Registered: Mar 2002
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I feel for ya but can't help thinking (and laughing) that now this dillweed will take the second truck to someone else and tell them "well, this other one only cost me 500, can you beat that"
-------------------- Compulsive, Neurotic, Anti-social and Paranoid ... but basically Happy Posts: 2677 | From: Rochester, NY, USA | Registered: Nov 1998
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Hi Glen. Sorry to hear of your latest lesson in the School of Hard Knocks. It's a tough and painful way to learn, but those kinds of lessons stay with you for the rest of your career. Your attitude towards this after things have cooled down is commendable. Years ago one of my mentors had an expression that covers this sort of encounter. He used to say that "Time heals all wounds, and time wounds all Heels." Just another version of what goes around, comes around...but it's so true. Eventually this jerk will run into someone else who's a bigger and more experienced jerk than he is, and on that day, he will get his. It will happen. Trust me. In the meantime, chalk this one up to experience, and enjoy the really important things in your life. This guy ain't one of them. His only value to you at this point is that he's given you a valuable lesson and the sour taste will prevent you from ever repeating it.
Have a great and better day tomorrow.
-------------------- Ken Henry Henry & Henry Signs London, Ontario Canada (519) 439-1881 e-mail: kjmlhenry@rogers.com
Why do I get all those on-line offers to sell me Viagara, when the only thing hardening is my arteries ? Posts: 2690 | From: London,Ontario, Canada | Registered: Feb 1999
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I admire a fellow who understands that the blame in a situation like this must be shared... even if the guy is a jerk and definitely took advantage of you. Been there done that!
I also admire you in that you see the humor in the situation. Good for you.
Lessons like this unfortunately don't come cheap.
What goes around does come around however...
Last year a former 'client' got me to the tune of tens of thousands of dollars. Literally. But there was little I could do at the time 'cept force a smile.
Unfortuately in his haste to take advantage of me he didn't think things through very well with his investment. And because of all the shortcuts he made it isn't doing well at all. Really not well. He stands to lose 100's of thousands of dollars in the process.
Breaks my heart it does. But like the saying says... what goes around comes around.
-dan
-------------------- Dan Sawatzky Imagination Corporation Yarrow, British Columbia dan@imaginationcorporation.com http://www.imaginationcorporation.com
Being a grampa is one of the the most wonderful things in the world!!! Posts: 8771 | From: Yarrow, B.C. Canada | Registered: Nov 1998
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Just repeating what has been said... The biggest lessons are the ones that really hurt. Just don't ever forget the pain.
Everyone has their own "takin' it up the ol' pooper" stories. I can commiserate with what happened to you.
Been there, done that. Didn't get a shirt and didn't get kissed, either.
-------------------- Bruce Bowers
DrCAS Custom Lettering and Design Saint Cloud, Minnesota
"Things work out best for the people who make the best of the way things work out." - Art Linkletter Posts: 6468 | From: Saint Cloud, Minnesota | Registered: Jun 1999
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About 25 years ago, I had settled with someone on a disputed account on his terms just to be done with the mess. When he shortchanged me on the final payment, I sued him for the difference between what he had agreed to pay and what he gave me.
I lost the case. The judge told me: "It may or may not be fair, but in all 50 states, accepting partial payment on a disputed account negates any claims on the rest". In other words, if someone offers you a payment as the full payment on a disputed sum and you cash his check, you accepted the job as paid in full.
I think you are up the creek without the proverbial paddle. Consider it a $500 lesson well learned to get EVERYTHING in writing. I had gotten slack on that issue again until a few years ago, I ran into a nest of lawyers running a country club that tried to weasel out of a contract after I had done the work. My attorney told me there is a reason a real estate contract is so many pages--it is to cover every contingency. I dusted off, and have used ever since, an old three page, 17 paragraph terms and conditions contract instead of the one paragraph agreement I was using at the time.
My attorney thought it best not to tackle that whole team of lawyers, however, I was able to personally negotiate an agreement with them that paid me in full.
-------------------- David Harding A Sign of Excellence Carrollton, TX Posts: 5114 | From: Carrollton, TX, USA | Registered: Nov 1998
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give an estimate sheet along with your verbal order and make 2 copies of it....one he keeps and the other he signs and gives back to you....with that signature...hes yours!!!!!!
-------------------- joe pribish-A SIGN MINT 2811 longleaf Dr. pensacola, fl 32526 850-637-1519 BEWARE THE TRUTH.....YOU MAY NOT LIKE WHAT YOU FIND Posts: 11582 | From: pensacola, fl. usa | Registered: Nov 1998
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Ditto to Ken Henry! Great attitude. I think all of us can recite a simular experience, which forced us to change our overly trusting policies. People are basically good, but we have all run into those who are the south end of a northbound horse. I think it is a wake-up call for me too. Sometimes in an effort to look like the trusting good guy, I get a little loose with policy. Thanks for the reminder! Hopefully you used intermediate vinyl!
""Good judgment comes from experience; and a lot of that comes from bad judgment" - Will Rogers Posts: 3507 | From: Beautiful Newaygo, Michigan | Registered: Mar 2003
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