Ground Trades Xchange - a landscaping forum

Go Back   Ground Trades Xchange - a landscaping forum > The Front Office > Legalese
Register FAQ Members List Calendar Search Today's Posts Mark Forums Read



Reply
 
LinkBack Thread Tools
  #1 (permalink)  
Old 06-07-2006, 04:33 PM
Sapling
 
Join Date: Mar 2004
USDA
Posts: 261
r schipul is an unknown quantity at this point
Warranty2

I didn't want to take over the other thread . I just got off the phone with an IRRATE customer.

To make a long story short, I landscaped these clients home last Sept. They lost some perennials and grasses over the winter. I went back to mulch and take an inventory. The gardens looked good and a week later I replaced some of the plants. At that time I told them I'd like to wait on some of the others. Sent them a bill for mulching which they questioned, then another bill for 1 hour of time for plant replacements. They felt it should be free. I told them that it's industry standard to charge for labor while replacing plants and I've been charging it for years. I could hear the woman in the background screaming that it's not an industry standard and their last company never charged.

I would love it if some of you (especially East Coaster's) could email a contract over showing your labor charges for plant replacements with a logo or business name. I'd love to show up and politely hand them 10 or so contracts. Thanks for any help in advance.
Reply With Quote
  #2 (permalink)  
Old 06-07-2006, 05:43 PM
Stonehenge's Avatar
Administrator
 
Join Date: Jan 2003
Location: Wisconsin
USDA Zone 4
Posts: 7,518
Stonehenge is on a distinguished road
Hmmm.... That sounds a lot like an "in your face" move to me. I don't know if that would end very well. It'd probably make you feel good, but what do you need that client to make you feel good for? Feel good all on your own knowing you're right.

Here's the relevant copy from our contract, but I can't say I recommend taking the road you're on:
Quote:
PLANTS
Stonehenge will offer one-time only replacement of any tree, shrub, evergreen or woody vine that has died within one (1) year from the date of installation, provided the plant has been cared for as instructed, and not misused. Stonehenge will not replace plants killed by animals, rodents, insects, mechanical damage, neglect, natural disasters or other reasons over which Stonehenge has no control. This warranty does not cover annuals, small perennials, ground covers, wildflowers, seeds, bulbs, roses and non-winter hardy plants. An additional labor charge for plant removal and reinstallation will apply. Any repairs/replacements made to any installation after expiration of the warranty will be made at Customer's expense. Any repairs made to any installation by any party other than Stonehenge voids any warranties offered by Stonehenge.
Now whether I enforce the right to charge labor for replacement is another kettle of fish altogether...
Reply With Quote
  #3 (permalink)  
Old 06-07-2006, 08:21 PM
Sapling
 
Join Date: Mar 2004
USDA
Posts: 261
r schipul is an unknown quantity at this point
I'm not sure how I'm going to proceed at this meeting. I was thinking that other contracts would prove the point that I'm not the only one charging for labor on plant replacements.

When a new client is claiming you're a con artist because of a $45 replacement charge and you want to make things rosy, how do you proceed? I've already told them I'd wave the charge if it makes them happy. Now they're looking for more plants to be replaced because they don't like them or how they're growing vs. the ones on the other side of the yard. I'll replace them no problem even though they're not dead, but I need to be compensated for my time.
Reply With Quote
  #4 (permalink)  
Old 06-07-2006, 09:14 PM
Gold Oak Member
 
Join Date: Nov 2004
Location: Long Island, NY
USDA Zone 6
Posts: 1,322
GLAN is an unknown quantity at this point
r shipul

it sounds like your customer is not happy with the shoes they bought, wore them a few months and just doesn't like the way they feel and want to return them
Reply With Quote
  #5 (permalink)  
Old 06-07-2006, 09:18 PM
Gold Oak Network Member
 
Join Date: Oct 2003
Location: Highland, NY
USDA Zone 4
Posts: 382
AZTLANLC is on a distinguished road
Is this in your contract.?
Around my area most all contractors offer 1 year replacement warranty, even the nurseries offer that.
But we all mark up the price on materials to offset this.
The best approach is specify this before doing any work, not after the work is completed.
I agree with Jeff also.
If you didn't have a contract is like judge milan would say it "there were no meeting of the minds".
__________________
"Any husband making shape and color decisions has to show written consent from wife" no exceptions
Reply With Quote
  #6 (permalink)  
Old 06-07-2006, 09:34 PM
Stonehenge's Avatar
Administrator
 
Join Date: Jan 2003
Location: Wisconsin
USDA Zone 4
Posts: 7,518
Stonehenge is on a distinguished road
I think that when they complained about the charge for plant replacement you already had lost the opportunity to make things rosy (you may have been able to avoid the hard feelings if you had mentioned the charge before the visit). If you give in, they will push for more freebies (and they did), until you finally have to stand firm. It always happens. And then you're the bad guy. Or you don't give in, explaining it's a standard part of the contract (I hope it is). And you're probably still the bad guy.

We seeded a lawn a few years ago - a terrible downpour a few days later wiped part of it out. We returned a few days after that (after it dried) to repair the work on our dime. The next day it poured again. We fixed it again, on our dime, and again without their demanding we do it for free. The day after we repaired it, we had a third ridiculous downpour that damaged our work. Someone must've had a bad voodoo doll for that lawn seeding or something.

This time, I called and told them they would have to foot the bill on this one. Guess who ended up being the bad guy? That's right. Yours truly. And it was too bad - we did a nifty patio that they loved, and I thought they'd be a great reference for us. But now there was no chance of using them as a reference.

Those are the breaks sometimes.
Reply With Quote
  #7 (permalink)  
Old 06-07-2006, 09:35 PM
Sapling
 
Join Date: Mar 2004
USDA
Posts: 261
r schipul is an unknown quantity at this point
It's all in the estimate and I'm not obligated to do anything. But ultimately you want happy clients who love their gardens. They feel they paid a lot of money and not much to show for it. They feel it should look picture perfect even though the gardens went in last fall and spring has been cold and rainy. My ultimate goal is to keep clients and keep them happy, within reason.
Reply With Quote
  #8 (permalink)  
Old 06-07-2006, 09:38 PM
Stonehenge's Avatar
Administrator
 
Join Date: Jan 2003
Location: Wisconsin
USDA Zone 4
Posts: 7,518
Stonehenge is on a distinguished road
I hope all this ends up turning out well - let us know what happens.
Reply With Quote
  #9 (permalink)  
Old 06-08-2006, 10:27 AM
Dale Wiley's Avatar
B&B Tree
 
Join Date: Oct 2003
USDA
Posts: 805
Dale Wiley is an unknown quantity at this point
Quote:
When a new client is claiming you're a con artist because of a $45 replacement charge
Its all over with the minute they make that statement.

I know you East Coasters are more brash and all, but in the PC west, them is fighting words....

__________________
Dale Wiley - Owner / Project Manager

Western Sports Turf
Landscape Specialty Services
Wetland Restoration Nursery

Forest Grove, OR
503-357-7202 - Phone
503-359-9294 - Fax

Semper Fi

You know that on Judgement Day, all the gold and silver is gonna melt away ...

Reply With Quote
  #10 (permalink)  
Old 06-08-2006, 12:10 PM
Gold Oak Member
 
Join Date: Nov 2004
Location: Long Island, NY
USDA Zone 6
Posts: 1,322
GLAN is an unknown quantity at this point
I guess where this would lead to is......

What do others in your area charge for landscaping and how is all that set up.

You mention an Industry standard that labor for replacement is to be paid for....Well.....where I am, that isn't policy.

How different in price was your cost for the work last September as compaired to others? And how is it formulated and as compared to others?

What I mean is...........Do you just charge material cost plus labor? or do you add on a % for the material plus labor.........or with concerns to plants do you X2 or X3 or what ever and that includes plants, installation and guarantee.

Everyone is different.......but I think you will find that there are many that do it similar.....

Myself I do 2x - 3x the cost of the plant. That covers installation and 1 year guarantee......I don't guarantee annuals and certain perennials ( that would be listed on contract )

They get 1 replacement......if that same spot should need another, we'll plant another under the guarantee ( at my discression ).......till the one year is up......now I will stretch and play possum with them trying to get a 3rd or 4th replacement.....

I have heard of charging labor for replacements several years ago. Just never heard of anyone doing it over the years.

I can understand a labor charge if your mark up wasn't enough...but then that would reflect in the estimate price of the job as compared to others........and if that is the case......then you need a clause in your contract stating replacement labor charges.
Reply With Quote
Reply


Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

vB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On


All times are GMT -4. The time now is 03:16 AM.


Powered by vBulletin® Version 3.6.8
Copyright ©2000 - 2008, Jelsoft Enterprises Ltd.
Search Engine Optimization by vBSEO 3.1.0
Copyright ©2003-2007 Ground Trades Xchange, LLC