Here's the story:
Customer signs an annual contract for lawn service and pays on his credit card for the year in advance becauae weve done service for him before. We give him a 5% discount on the annual contract for paying up front.
After about 5 or 6 months, he is unhappy and wants to cancel. The only problem is my contract has no stated cancellation fee, no stated 30 day clause, and is structured very strongly. So, basically there's no "legal" way out fo the contract but this guy wants his money back for the 6 months he wont recieve service. How do I handle it and what would you do?
I understand I probably dont HAVE to give him anything back with the way the conract is worded, but I want to be honest too. Here's the contract:
The Master’s Lawn Care covenants and agrees with____________
For the property located at:_____________ to do the following services for a period of 12 months,
Beginning on:October 1, 2008 and ending on October 1, 2009
BASIC LAWN AND LANDSCAPE SERVICE:
Lawn service to be on a Biweekly basis for the months of spring, fall, & summer months, and Biweekly winter months of the calendar year. In the event of inclement weather the service will be scheduled for the next available day. Lawn service will include mowing all turf areas, trimming all turf areas inaccessible to mower with a line trimmer, edging of all walks, and driveways and power sweeping the resulting clippings with a power blower.
TERMS:
Client agrees that the cost for the above services is $ ____ per month for this residence (depending on the plan chosen). Additional Services per request.
A statement will be mailed to the client at the beginning of each service month. PAYMENTS ARE DUE UPON RECEIPT of monthly statement or NO LATER THAN THE LAST DAY of each service month. If payments are not received by the 5th of the next month contractor may impose a $15.00 late fee, withhold service, or upon written notice, cancel service. In the event of default the client agrees to reimburse The Master's Lawn Care for all administrative costs, collection costs, attorney fees, recording fees and/or court costs. Client further agrees to pay a $35.00 fee for each check returned from the bank for any and all reasons. This agreement shall be binding on the parties and on their successors, legal representatives and assigns.
NOTE: Storm Cleanup is not included in contract price. Cleanup from natural disasters will be billed at regular hourly rates.
Customer signs an annual contract for lawn service and pays on his credit card for the year in advance becauae weve done service for him before. We give him a 5% discount on the annual contract for paying up front.
After about 5 or 6 months, he is unhappy and wants to cancel. The only problem is my contract has no stated cancellation fee, no stated 30 day clause, and is structured very strongly. So, basically there's no "legal" way out fo the contract but this guy wants his money back for the 6 months he wont recieve service. How do I handle it and what would you do?
I understand I probably dont HAVE to give him anything back with the way the conract is worded, but I want to be honest too. Here's the contract:
The Master’s Lawn Care covenants and agrees with____________
For the property located at:_____________ to do the following services for a period of 12 months,
Beginning on:October 1, 2008 and ending on October 1, 2009
BASIC LAWN AND LANDSCAPE SERVICE:
Lawn service to be on a Biweekly basis for the months of spring, fall, & summer months, and Biweekly winter months of the calendar year. In the event of inclement weather the service will be scheduled for the next available day. Lawn service will include mowing all turf areas, trimming all turf areas inaccessible to mower with a line trimmer, edging of all walks, and driveways and power sweeping the resulting clippings with a power blower.
TERMS:
Client agrees that the cost for the above services is $ ____ per month for this residence (depending on the plan chosen). Additional Services per request.
A statement will be mailed to the client at the beginning of each service month. PAYMENTS ARE DUE UPON RECEIPT of monthly statement or NO LATER THAN THE LAST DAY of each service month. If payments are not received by the 5th of the next month contractor may impose a $15.00 late fee, withhold service, or upon written notice, cancel service. In the event of default the client agrees to reimburse The Master's Lawn Care for all administrative costs, collection costs, attorney fees, recording fees and/or court costs. Client further agrees to pay a $35.00 fee for each check returned from the bank for any and all reasons. This agreement shall be binding on the parties and on their successors, legal representatives and assigns.
NOTE: Storm Cleanup is not included in contract price. Cleanup from natural disasters will be billed at regular hourly rates.
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