non formal contract for clients
non formal contract for clients
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Jamster123

Original Poster:

485 posts

234 months

Saturday 9th May 2015
quotequote all
As our company grows, people seem more and more reluctant to pay us on time!

Ive came up with a short contract Ill issue to our clients. Im trying to keep it as relaxed and very much non formal, but not sure if it just sounds a bit unprofessional. Baring in mind this contract is for homeowner/tradesmen.


Thought Id post it to get your opinion. How would you take this if received before commencing works ? Anything I should add? Don't pay too much attention to grammar etc at this stage.

Its issued on headed paper with all our accreditations etc.



Dear Client,

Thank you for doing business with our company. Cashflow is very important to us, we rely on prompt payment to finance our staff and overheads. We hope our terms seem fair. If you have any disagreement with our proposal, feel free to discuss.

Here are details of our contract of work and our expectations.


Electrical Rewiring Works £2000-£15000

JRC request a deposit amount @ 20% of total job figure Including VAT. At latest we expect this payment to reach our bank account one day before commencing work at your property.

We accept deposit in cash or bank transfer. Cheque or Credit Card can be accepted but payments should be made in advance to ensure cleared funds one day before work commences.

Credit Cards incur a 3% admin charge.

On completion of rewiring works we expect the outstanding balance to be paid immediately. At latest funds should reach our bank the following day.

The client should be available on completion to view the finished project. Should the client not be present on completion we still expect the remaining balance to be paid within the stated terms, but will allow the client to retain 10% of the final fee until they have checked over the project.

Should the client have any issues with the works complete we allow the client to withhold 20% until completely satisfied.

JRC will issue an invoice during or after rewiring work, to your chosen email address. The invoice will state our bank details. When the funds have cleared in our account, we then issue your receipt and certification for your job.


Guarantee

On completion of works, you will receive your NICEIC certificate to email or by hardcopy if preferred.

You should keep this certificate safe as it forms your guarantee. The NICEIC Guarantee our work for 6 years under the “Platinum Promise Scheme”. JRC will also honour this guarantee. Should you have any problems with the installation after we leave, you should contact JRC directly and we will resolve the issue in a timely manner. Emergencies such as loss of power are resolved within 24 Hours. Minor snags are generally resolved within 1-3 days. Often issues can be resolved over the phone, so clients should call us to discuss any problems firstly. Contacting the NICEIC directly is generally reserved for any disputes between JRC and the client.


akirk

5,778 posts

145 months

Sunday 10th May 2015
quotequote all
I would be confused by that...
e.g.

Jamster123 said:
The client should be available on completion to view the finished project. Should the client not be present on completion we still expect the remaining balance to be paid within the stated terms, but will allow the client to retain 10% of the final fee until they have checked over the project.
and

Jamster123 said:
Should the client have any issues with the works complete we allow the client to withhold 20% until completely satisfied.
10% or 20%?

I would simply present it as a schedule of payments:

Deposit - 20% (work will not start until funds are cleared)
Payment on completion - 70% (to be paid within 7 days)
Final payment - 10% (any issues to be notified within 7 days - payment with 14 days)

Unless you are in a shop / cash business, the chance of having payment within one working day of finishing the work is extremely unlikely - however much someone wishes to pay promptly - if they give you a cheque it won't be cleared within one working day, if they pay you online, it might not be until that weekend / a few days time that they have the space and time to make the payment...

Part of the strategy for success is knowing your clients an then giving them psychological reasons to pay when you want / need the money - so certificate on final payment makes sense (assuming that you are allowed to withhold it?) Setting up a schedule that is unreasonable will simply mean that some people won't use you, or will just ignore your schedule of payments...

You also need to be reasonable in what you expect of the client
- Will a client be able to see a rewiring job and know there and then that they are happy with it to pay the final payment?
- Will they want a few days / some time to check it out in normal use?
- Will a client be happy to pay 70% on completion and withhold 10% to check, or is the reality that they will actually wait until they are happy and pay the full 80%? If there is a dispute no client is going to pay you the 70% and keep 10% back - they will simply wait for it to be fixed before making any further payment - if you want a higher % earlier, then you need to stage payments through the work if it is lengthy work - or increase the up-front deposit...

Jamster123

Original Poster:

485 posts

234 months

Sunday 10th May 2015
quotequote all
Thanks, Just what I need.

Generally our jobs take no more than two days,usually way most tradesmen expect to be paid for short jobs on completion and I don't think thats unreasonable.

We also do lengthy jobs such as renovations, which we do payment plans.


It seems, as the company has grown, we get an attitude from clients that we are a "big company" and they don't need to pay on time. Just before easter I had two customers owing 10k. They messaged to say they were off on holiday and pay when back in a weeks time. It ended up 10 days later. In commercial situations or certain jobs yes, this is expected (most at 30 days) but for general tradesmen short timescale work, we expect paid on completion.

Usually I wouldn't be too fussed, but lately it has caused a few cashflow issues.

The last thing I want is to put the client off using us, hence my "non formal" approach. If they are late I won't start presenting the signed document etc, all Im trying to do is give a little nudge before works to say, we need this money promptly.

I also don't want to confuse them too much with multiple payments, so trying to find an easy way to do this.

Our most common method of payment is bank transfer. Few pay cash and we maybe only do 2/3 cheques per month (Those clients are usually the ones trying to delay things deliberately) ...We could just say we don't accept cheque I guess.


Withholding certificates is always debated as to whether thats allowed or not, quite frankly I could care less if allowed or not, its my business to run how I like, Im certainly not doing 3k worth of work, and signing it off only to have problems getting paid. I always like to be in control of customer, not other way around.

To this day. I have a client who deliberately tried to fleece us for a new kitchen claiming we damaged it, which was rubbish. In the spirit of "The customer always right" ...I deducted £500 from the job. The deal was when she bought the new items for the kitchen (I did offer to buy directly) , she would show me the receipt, I would then send her the certificates. That was 6 months ago. She was clearly trying to fleece me, and is now seems happy her house is rewired with no certification, but she has saved £500. There are cowboy customers out there.






Edited by Jamster123 on Sunday 10th May 11:45

Jamster123

Original Poster:

485 posts

234 months

Sunday 10th May 2015
quotequote all
Thanks, Just what I need.

Generally our jobs take no more than two days,usually way most tradesmen expect to be paid for short jobs on completion and I don't think thats unreasonable.

We also do lengthy jobs such as renovations, which we do payment plans.


It seems, as the company has grown, we get an attitude from clients that we are a "big company" and they don't need to pay on time. Just before easter I had two customers owing 10k. They messaged to say they were off on holiday and pay when back in a weeks time. It ended up 10 days later. In commercial situations or certain jobs yes, this is expected (most at 30 days) but for general tradesmen short timescale work, we expect paid on completion.

Usually I wouldn't be too fussed, but lately it has caused a few cashflow issues.

The last thing I want is to put the client off using us, hence my "non formal" approach. If they are late I won't start presenting the signed document etc, all Im trying to do is give a little nudge before works to say, we need this money promptly.

I also don't want to confuse them too much with multiple payments, so trying to find an easy way to do this.

Our most common method of payment is bank transfer. Few pay cash and we maybe only do 2/3 cheques per month (Those clients are usually the ones trying to delay things deliberately) ...We could just say we don't accept cheque I guess.


Withholding certificates is always debated as to whether thats allowed or not, quite frankly I could care less if allowed or not, its my business to run how I like, Im certainly not doing 3k worth of work, and signing it off only to have problems getting paid. I always like to be in control of customer, not other way around.

To this day. I have a client who deliberately tried to fleece us for a new kitchen claiming we damaged it, which was rubbish. In the spirit of "The customer always right" ...I deducted £500 from the job. The deal was when she bought the new items for the kitchen (I did offer to buy directly) , she would show me the receipt, I would then send her the certificates. That was 6 months ago. She was clearly trying to fleece me, and is now seems happy her house is rewired with no certification, but she has saved £500. There are cowboy customers out there.






Edited by Jamster123 on Sunday 10th May 12:06

davepoth

29,395 posts

230 months

Sunday 10th May 2015
quotequote all
Any contract is formal - so long as there is an offer (quotation), acceptance (the customer accepts the quotation) and consideration (they agree to pay you). In English law at least it doesn't even need to be written down.

Since you are now a "big" company, I think it might be a good idea to get your terms and conditions (since that's what these are) checked over and formalised by a proper lawyer.


Jamster123

Original Poster:

485 posts

234 months

Sunday 10th May 2015
quotequote all
davepoth said:
Any contract is formal - so long as there is an offer (quotation), acceptance (the customer accepts the quotation) and consideration (they agree to pay you). In English law at least it doesn't even need to be written down.

Since you are now a "big" company, I think it might be a good idea to get your terms and conditions (since that's what these are) checked over and formalised by a proper lawyer.
Yes I agree,

Any ideas where I would some form of template, or How I know what to write in the small print T&Cs?

Jamster123

Original Poster:

485 posts

234 months

Sunday 10th May 2015
quotequote all
davepoth said:
Any contract is formal - so long as there is an offer (quotation), acceptance (the customer accepts the quotation) and consideration (they agree to pay you). In English law at least it doesn't even need to be written down.

Since you are now a "big" company, I think it might be a good idea to get your terms and conditions (since that's what these are) checked over and formalised by a proper lawyer.
Yes I agree,

Any ideas where I would some form of template, or How I know what to write in the small print T&Cs?

Eric Mc

125,855 posts

296 months

Sunday 10th May 2015
quotequote all
Offer
Acceptance
Consideration
Performance (or part performance)

If you have those elements - you have a contract. There is no concept in English Law of an "informal" contract. A contract is a contract - end of story.

akirk

5,778 posts

145 months

Sunday 10th May 2015
quotequote all
If a client owes £10K - is that their complete invoice, or the 80% remaining?
You need to understand the psychology of the relationship in more detail...
You will find getting payment easiest when the client wants something from you - and most difficult when they feel there is nothing left to gain from you...
Once you have finished the work you have very little hold over the client - as you mention, if they are not bothered about the certificate (and why should they be - most people file it for the next 20 years!) there is no other lever... In my business I can always switch off their website & I often manage their domain / brand + I tend to have an ongoing relationship rather than one-off jobs - all good reasons why I don't have huge issues with payments - even though I bill after work is done...

So I would really consider the point at which payment is made - a £10k bill suggests quite a bit of work - how about weekly invoicing so that it is staged? Find reasons to invoice earlier and you will a) get payment sooner and b) pick up payment issues earlier - allowing you to suspend work which is a great way to get payment!

If only a 2 day job - you shouldn't find it affects cashflow as much - statistically only a few should cause issues if you are tight with your invoicing and chasing...

Multiple payments on bigger projects won't confuse anyone as long as you are clear up-front...

Agree that there are cowboy clients - but if you are clear and keep a paper trail, you simply pop in a MCOL small claims court claim - amazing how quickly people pay!

technodup

7,661 posts

161 months

Sunday 10th May 2015
quotequote all
akirk said:
You need to understand the psychology of the relationship in more detail...
You will find getting payment easiest when the client wants something from you - and most difficult when they feel there is nothing left to gain from you...
This. If you want someone to do something for you, you have to be seen to do something for them in return.

Give them a reason to pay on time. A discount for example is more positive than withholding a certificate.

LooneyTunes

9,497 posts

189 months

Monday 11th May 2015
quotequote all
Have you considered how much more client friendly it would be if it said "We" instead of "JRC" and "You" instead of "the client" and simply defined these terms in the preammble?

Jamster123

Original Poster:

485 posts

234 months

Monday 11th May 2015
quotequote all
Thanks Looney, Pointer like that are perfect...Ive done a revised Draft, I know pretty boring to read but here it is anyway...I am finding it difficult not to make it sound a bit demanding!


Dear Client,

Thank you for doing business with our company. Cashflow is very important to us, we rely on prompt payment to finance our staff and overheads. We hope our terms seem fair. If you have any disagreement with our proposal, feel free to discuss.

Electrical Rewiring Works £2000-£15000

Preparation

Physical preparation guidelines are made clear verbally on our initial consultation. Occupied properties will require tenants to prepare furniture and valuables. This will be made clear on our initial consultation. JRC reserve the right to cancel the proposed installation should the verbal agreement not be met. JRC do not take responsibility for damaged goods, or valuables if the client has made no attempt to reach our recommended preparation. Any concerns would be brought to the attention of the client before work commences.

JRC will also indicate a start time. Usually 7:30 - 8:00am. We expect the client to allow access at the stated time, or arrange access by other means. Preferably the client will be available to discuss positioning of electrical points and accessories at our arrival, although prior thought and consideration should be made beforehand.

Specifics of the scope of works should be detailed within quote issued to the client.

Payment

JRC request a deposit amount @ 20% of total job figure Including VAT. We expect this payment to reach our bank account one day before commencing work at your property.

Work will not commence until the deposit has been paid.

We accept deposit in cash or bank transfer. Cheque or Credit Card are less preferential but can be accepted. Payments should be made in advance to ensure cleared funds one day before work commences. Credit Cards incur a 3% admin charge.

On completion of rewiring works we expect the outstanding balance to be paid immediately. At latest funds should reach our bank the following day. Please make allowances and preparations for this payment. Should the client have difficulty meeting the terms please inform JRC before work commences.

Completion

Preferably the client should be available to view the project on completion. Our staff will agree a suitable time for your return and complete a walkthrough of the project.

We do however understand that each client may not be available to see the project on completion. In this scenario we allow the client to withhold 20% of the outstanding amount, should they wish, until they have viewed the project. Note - A JRC representative may not be able to complete a walkthrough in this scenario, although we can discuss the project over the phone.

The client is expected to view the completed project no more than 2 days after completion. Should the client not be satisfied with any aspect of the project they have the right to retain 20% of the outstanding amount, until completely satisfied. This applies on both scenarios, whether the client has viewed the property on completion or afterwards.

JRC will issue an invoice during or after rewiring work, to your chosen email address. The invoice will state our bank details. When the total amount initially agreed has cleared in our account, we then issue your receipt and certification for your job.

Guarantee

On completion of works, you will receive your NICEIC certificate to email or by hardcopy if preferred.

You should keep this certificate safe as it forms your guarantee. The NICEIC Guarantee our work for 6 years under the “Platinum Promise Scheme”. JRC will also honour this guarantee. Should you have any problems with the installation after we leave, you should contact JRC directly and we will resolve the issue in a timely manner. Emergencies such as loss of power are resolved within 24 Hours. Minor snags are generally resolved within 1-3 days. Often issues can be resolved over the phone, so clients should call us to discuss any problems firstly. Contacting the NICEIC directly is generally reserved for any disputes between JRC and the client.

Please note - The completed works will not be fully guaranteed and will not be filled on the NICEIC database unless the certification has been issued. For this reason we recommend the terms within this document are met, mainly prompt payment, allowing us to issue certification immediately.

The NICEIC Guarantee is generally covering the fixed wiring and main installation methods of your installation. Electrical accessories such as a light switch or socket outlet have an manufacturers warranty of 2 years. Should an item fail within that period it is replaced free of charge.

JRC Guarantee all LED lighting products for 2 years, although products may carry an manufacturers warranty of up to 5 years. Claims out with JRCs 2 year period should be made to the manufacturer direct.

JRC reserve the right to cancel the proposed installation should the agreed terms not be met.

Please sign below to accept the terms within this contract.

J**** C**** - Director Client








sgrimshaw

7,587 posts

281 months

Monday 11th May 2015
quotequote all
It might be just me, but the style and approach doesn't give a very favourable impression.

There's nothing wrong with having Terms and Conditions, in fact it really should be seen as essential.

Google “electrical contractors terms and conditions“ for examples, which you can modify to suit your own particular needs.

akirk

5,778 posts

145 months

Monday 11th May 2015
quotequote all
sorry to say this - but it doesn't come across very well frown I think it would be better to have a very clean legal t&cs which are non-emotive and in simple legal language... then have a softer more client facing bit of text which is more up-beat and optimistic...

at the moment, if I were to read that it comes across a little amateur, plus also a little aggressive in a passive way, and that would put me off using you - put yourself in the client's position, they feel that they are the boss of the relationship / calling the tune / etc. - this almost comes across as though you are doing them a favour, and you will tell them how they are allowed to use you - not suggesting that you want to ultimately give away control of the process, but you might want the client to feel that perception - that they are in charge...

many people won't care, but for some they will and it could be a negative reaction

technodup

7,661 posts

161 months

Monday 11th May 2015
quotequote all
Again for me this is so much better just to get a guy in, pay him a couple of quid and have it done properly.

It needs to be framed correctly, the second sentence makes you sound skint.

http://www.createtsandcs.com/

Amateurish

8,287 posts

253 months

Monday 11th May 2015
quotequote all
You need proper terms - don't just nick something off the internet and repurpose it. For a start, it will be breach of copyright. More importantly, you will get it wrong. Get a local solicitor to draw something up for you. Then your written estimate will have payment terms on it (probably on the front) and your full terms on the back.

Jamster123

Original Poster:

485 posts

234 months

Monday 11th May 2015
quotequote all
Thanks,

Point of post was to get range of feedback. So all useful.

Things are getting quite frustrating with our clients at the minute as they really seem to be reluctant to pay.

We are definitely not skint, but business has been tough lately financially and we have had a lot of staff issues etc.

We are often perceived to be bigger than we are maybe down to marketing and presentation, but at end of day I still rely heavily on being paid on time to cover our wage bill.

Wondering whether to scrap the contract completely in favour of basic terms welded onto to the bottom of the quote, until we are perhaps in position to do proper T&Cs. I just feel that legal T&Cs is a little to formal for our relationship with customers at the minute, but I could be wrong. We are still tradesmen dealing mostly in domestic works presently, not major commercial contractors.

Getting good range of feedback both here and elsewhere...Thanks!


akirk

5,778 posts

145 months

Monday 11th May 2015
quotequote all
clients won't read t&cs - they are there for you in the event of a legal dispute smile

Amateurish

8,287 posts

253 months

Tuesday 12th May 2015
quotequote all
When you say "too formal", do you mean you want an "informal" relationship with your clients? You are entering into a contractual relationship, no client will be put off by a proper set of terms. They are there for your protection.

mattdaniels

7,362 posts

313 months

Wednesday 13th May 2015
quotequote all
Move the "Cashflow is important to us" sentence down to the payments section if you have to have it at all but seriously consider removing it completely.