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| A question for commission builders http://w-ww.luthiersforum.com/forum/viewtopic.php?f=10102&t=6501 |
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| Author: | Michael Dale Payne [ Thu May 04, 2006 5:51 am ] |
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Does every one use a contract or other written agreement? I built my second commission for a contract lawyer over three years ago, and he helped me write up an commission agreement for that would hold-up you in civil court here in Ector County Texas. It is not a certified contract but is a written agreement for service rendored, basically a common law contract. I have not had to put it to a major test but he assures me that it is a must if you do not want to go to the truble of a certified contract. |
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| Author: | Michael Dale Payne [ Thu May 04, 2006 6:48 am ] |
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Was it too personal of a question? |
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| Author: | Alan Carruth [ Thu May 04, 2006 7:02 am ] |
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I don't think many luthiers go in much for legal paperwork. We might be better off sometimes if we did, but, fortuneately, most of the people you run into are not a problem. The one customer I had who did insist on the legalities turned out to be the customer from hell. OTOH, the real stinkers who are out to swindle you are not likely to be detered by legal nicities. One of my buddies was almost shut down the first year out on his own by somebody who walked off with the guitar after giving him only 10% down. She sold it later in Seattle, iirc. I doubt a contract would have effected her much; she left a string of debts all over town. I will never forget helping Carleen Hutchins out at a viola congress once. I came in on Sunday morning to find my viola (which I wanted to sell) replaced by an out-of-state check with a 'phone number written in on it. She assured me that this was perfectly normal in the fiddle world, and, in fact, it cleared fine. Later that same day she handed a $10,000 instrument of hers to a woman who wrote her address on a slip of paper in exchange. That went OK too. It's a 'handshake' business at some level. |
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| Author: | Pwoolson [ Thu May 04, 2006 7:05 am ] |
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I have a contract but it is mostly so that the buyer and I are on the same page with building specs. I don't know how far it would hold up in court but it might look good to a judge. |
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| Author: | John How [ Thu May 04, 2006 8:07 am ] |
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I make a spec sheet listing everything I can think of that describes the guitar, material, dimensions, ornamentation, case, electronics, etc. I put down the base price and cost of any options, I list the deposit and amounts due and when, start and finish dates, etc. Generally anything I want to be sure my client knows and agrees to. I'm sure it's not a legal document but like Paul, I want to know we are on the same page. |
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| Author: | GregG [ Thu May 04, 2006 10:56 am ] |
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Another question I have thought about is guarantee/warranty....do you guys specifically write in your contract a time period for warranty coverage? Do you find the buyers are looking/requesting a warranty? Thanks, Greg |
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| Author: | RussellR [ Thu May 04, 2006 11:08 am ] |
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Michael I have a very brief Terms and Conditions Sheet, I deliberately kept it brief, but I collect 100% of the money before I deliver a guitar. |
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| Author: | Michael Dale Payne [ Fri May 05, 2006 1:43 am ] |
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Greg yes I do have a written warranty. It is on my commission agreement sheet and again supplied with the care and up-keep documentation I send out with the guitar. I got quite specific on the warranty. Russell, I require 75% deposit to start the build and balance prior to delivery or at pick-up. My deposit is refundable at a scheduled increment based on material usage and labor usage. I have had to return one deposit due to a family tragedy, but the main reason I have a high deposit and penalties is to keep the prospective clients that realistically can't afford the commission from getting in over there heads. I don't want someone’s money if they don't get a guitar, but at the same time I want the client to be just as committed to the build as I must be. |
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