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  • Need help with customer cancelling

    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.
    - Your home for Gator Tailgating and Gator Sports News and Forums.

  • #2
    Why is he unhappy?

    I would say sorry but you have a binding contract and try to fix the problem why he is unhappy up until October.

    Be extra pleasent about it.

    If he still insists well then tell them that they are in a contract and no refunds are given.

    I would also redo your contracts and make sure you ahve a clear cancellation policy for yourself and the customer.

    If he says that your guys looked at his daughter who was 5 like a piece of meat, well you better cancel, refund and move on.

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    • #3
      He sent an email asking us to do some landscaping for him and it was accidentally sent to my spam folder which I never check. I offered on the phone for over an hour to repair the situation, give him a month free lawn maint, do the landscaping at cost, etc. It was a no-go. He was too pissed to be reckoned with.
      - Your home for Gator Tailgating and Gator Sports News and Forums.

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      • #4
        I doubt if the court will let you keep the money unless you cut the grass. And it sounds like if you try to mow the guy will go crazy. So you don't have many options move on. Include an extra charge for each mowing and other work if they cancel in the middle of the season in your contract. TruGreen does this and we followed their lead.

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        • #5
          He's wanting to cancel the mowing contract because he is unhappy that you fail to do something that is outside the original contact? He doesn't have a defense. Merely wanting to get out of a contract won't fly. The parol evidence will not permit him to contradict the written contract terms by saying you told him he could cancel if not happy. Hold his feet to the fire. I suspect though he's not giving you the real reason he wants to cancel. Barring some mental disorder, nobody lacks so much understanding they go ballistic over a missed email.

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          • #6
            A not so off the wall thought is that since the Obama Admin is using the long arm of the Federal Government to cancell binding contracts, perhaps he feels it worth a shot to try and do the same thing.

            I agree with Fivestringpicker, the guy has a loose bolt in trying a stunt like that. Perhaps you should dig deep into his dissatisfaction since the email crap is a smoke screen for something else bugging him.

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            • #7
              I would blow him off and go on. You got time to enforce contracts for work that has not been performed. You need to park your mower and go to law school.

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              • #8
                Personally I would give him the money back.
                But, that's just me.

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                • #9
                  I gave him 6 months worth of money back, minus a small cancellation fee for the hassle. Good riddance IMO. Thanks guys!
                  - Your home for Gator Tailgating and Gator Sports News and Forums.

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                  • #10
                    Your rep, will go far young man...................................Carry on!

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                    • #11
                      You would have to give him the money back anyway. No doubt. A legal contract has to give both parties a way out of the contract. It doesn't just protect you, it also has to protect the client.

                      Fvstringpicker, the client can cancel that contract at any time, because it doesn't say anything about why they can't. The contract also says 'additional services per request'. That's very cloudy. If the client asks for a massive tree to be removed and the company can't do it......well, the client can easily void the contract. In reality, that contract can be voided with a simple phone call and no explanation at all.....not even a 30 day notice.



                      Rustyt22, keep in mind, if you have issues with the client getting out of the contract so easily, what would happen if they suddenly got a new dog that they didn't clean up after? Or a sprinkler and fertilized while you state bi-weekly cuts? How would YOU get out of the contract? What if the client said "Hey Rusty, the contract doesn't have a cancellation clause and doesn't say I can't fertilize and water....so you MUST keep mowing for the term of the contract."

                      See, it has to give a way out for both parties.
                      a.k.a.---> Erich

                      www.avalawnlandscaping.com


                      Build a man a fire, he'll be warm for a day.
                      Set a man on fire, he'll be warm for the rest of his life.

                      Comment


                      • #12
                        Originally posted by rustyt22 View Post
                        I gave him 6 months worth of money back, minus a small cancellation fee for the hassle. Good riddance IMO. Thanks guys!

                        PLUS the renumeration of the five percent discount attained under a promise not kept? Right.

                        PRACTICING LAW WITHOUT A LICENSE IS ACTIONABLE

                        Contracts, not just yours, in this business, are worthless. If you're putting this much faith in your contract, you don't have a client thats a lawyer, cause yerz aint worth printing.

                        OMG did a lawyer write that one? DOn't give him any more free work....

                        Get one, or ditch the contracts and do good work, and have relationships with your clients to where you don' need no stinkin contract.

                        I find that dealing with people, my first impression dictates how deep they can get into my pocket. ESPECIALLY the older folks 60 to 90. I LOVE those people.
                        GEEVEE®, Pat.Pend. TM, UL

                        If you're gonna be dumb, you better be tough

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