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herefishy
22-02-2002, 10:31 PM
I've just about had it!!

I've been patient in waiting for payment by a Mfgr, who had Provided and/or installed their mfg'd condensers, an endless merchandiser and a walk-in cooler, who had called on me to perform some "warranty" work that they could not get to.

Coming up on 60 days, I started calling regularly to check on payment....well, naturally it was always in the works.

Coming up on 90 days, the (company) said that I needed to break down the invoice as to what labor/materials were expended on each of the two systems! I told the (accounting Lady) that (we) performed the service in direct communication with their field guy, and that we performed the service and billing as directed at the time, and that she just needed to get with it and punch the check.

Yesterday I got mail from the company stating that they will not pay me until they had Insurance info, and a personal injury waiver. Well, a little late for that, don't you think?

I immediately got to work writing all the dirty letters and drafting the Mechanics Lien to send along with it to add weight to my intent. I contacted the end user, of which I had all the pertinent information in order to process the Lien. I talked to the owner of the company (end user) and told him the problem that I have with his deadbeat vendor, and that I was offering him the courtesy of informing him of the situation, prior to my having attached a lein onto his property!

He said he would contact (the company) and see if he could get it resolved.

I have to be these people's worst nightmare!!!!!

dan wong
16-03-2002, 02:50 AM
we also have a few dead beats. They just drag it out....and hope you give up. To the best of my knowledge, every contractors have this problem, often time our repair bill is so small we spend more time and effort trying to collect than the job itself.

I wonder if there isn't a way we can do what Lawyer do, get a retainer up front? maybe a partial payment up front? (referring to small repair jobs only)

Dan
16-03-2002, 03:14 AM
Regrettably I represent a manufacturer. I cannot even get paid for warranty work from my own company unless I run through an incredible gauntlet.

"Cherche' La Phlegm" is my motto. "Find the salesman" and get a purchase order before you embark upon warranty work. Let he fight his factory, not you.

Warranty work has many other pitfalls. I often run into situations where the supposed warranty repair is not really a factory problem. On small stuff, I get a commitment such as a credit card from the customer that insures payment if indeed we find the problem is an installation or abuse issue.

I am wincing, Herefishy.... I really hope the company you are having trouble with is not my company!

iwm ref
16-03-2002, 07:12 PM
Have you got your agreements on ALL invoices?

e.g - If the payment isn't paid within these dates situated, and until paid in full all equipment is still "YOURS" refrigeration companys etc.

Then all I had to do when I was with a little company go in and rip the equipment out.

They need it most, go where it hurts.

They will pay you on the spot if they don't then RIP

Only way, the wicked way. Some companys need the shake they abuse us like a old cloth.

herefishy
19-03-2002, 02:51 PM
Dan,
It's not your company..... anyway, I got the check yesterday. I guess the ruckus I caused got 'em off their butt.

Anyway, I've never gone as far as removing installed equipment. The problem, here in Texas anyway, is non-payment over these issues is a civil issue. I'm not sure if I'd get locked up for trespassing or whathaveyou if I attempted to recover supplied goods in such a manner.

zolar1
16-01-2003, 11:05 PM
How about additional lines in the agreement like this:

In the event of nonpayment of my debt to you in full by _________, I hereby waive my right to said equipment and grant irrevocable permission for (contractor) to enter onto _____________________________________ (the property where the equipment is located) to remove said equipment, without recourse by (customer), and without liability therefore.
In the event I (customer) prevent you (contractor) from performing said repossession, I (customer) am guilty of fraud.




Maybe this might be something to consider?