tweakerxp
Sep 15th, 2007, 12:39 AM
So here's the deal. I'm in a service business and I have this client that needed a part replaced in a piece of equipment (it's like a $60 part) she (the business owner) verbally agreed to have this part replaced, and booked an appointment to have me come in and do it. I had told her not to turn the piece of equipment on, or there may be permanent damage.
The following day she calls me up an hour before her scheduled appt. I wasn't able to answer the call, but the message was along the lines of: "Oh, hey, you know I really don't think I'll be needing the part, the machine is running perfectly fine."
I call to advise her that it may be running fine now, but it will break very soon--I know she would be devastated to loose it. She agrees, and I call her back to schedule an appointment; she's not in so a message was left with her employee.
Next day I get a message from an employee: "(business owner) says the machine is running fine and doesn't want the part replaced, you can come in and pick up your payment for the service the other day.")
Now, being in the service business, I charge to cancel appointments (I could be using the time to schedule other appointments, I have to pick up the parts and pay for them, etc.) So I call back to advise of the charge (would have been an additional $56) Once again, she's "not in" and I have to leave a message."
She calls me back: "I understand we have a problem here."
me: "I don't believe we do, could you elaborate?" (or something along those lines)
her: "Well you want to charge me for something you haven't done, I never signed anything."
me: "You're right you didn't sign anything, but I do charge for cancellations, and your employee signed a TOS (terms of service) agreement on your behalf when you started using me as your service provider. She should have notified you of the charge" (As indicated on the TOS and verbally. The business owner was not in that day.)
her: "That will never hold up in court, you can talk to my lawyer about this, people cancel on me all the time and I don't charge them. CLICK."
Anyways, I just went down there (I was in the area anyways) and just got my payment for the first service call. I really don't want to deal with her gong crazy over something so measly. I would definitely say she was bluffing me--who contacts a lawyer over $60. Anyways, my question to you is: Would you contact a lawyer?
And yes, things I should have done differently:
1) Have the business owner sign the TOS (the original TOS was signed so long ago I had forgotten it was only an employee signature.)
2) Have the client sign an agreement to purchase the specific part at a specific price. (I do have the forms for this, but they're generally only used for residential customers and new bussiness customers.) I've never had an issue with a customer canceling on me before.
The following day she calls me up an hour before her scheduled appt. I wasn't able to answer the call, but the message was along the lines of: "Oh, hey, you know I really don't think I'll be needing the part, the machine is running perfectly fine."
I call to advise her that it may be running fine now, but it will break very soon--I know she would be devastated to loose it. She agrees, and I call her back to schedule an appointment; she's not in so a message was left with her employee.
Next day I get a message from an employee: "(business owner) says the machine is running fine and doesn't want the part replaced, you can come in and pick up your payment for the service the other day.")
Now, being in the service business, I charge to cancel appointments (I could be using the time to schedule other appointments, I have to pick up the parts and pay for them, etc.) So I call back to advise of the charge (would have been an additional $56) Once again, she's "not in" and I have to leave a message."
She calls me back: "I understand we have a problem here."
me: "I don't believe we do, could you elaborate?" (or something along those lines)
her: "Well you want to charge me for something you haven't done, I never signed anything."
me: "You're right you didn't sign anything, but I do charge for cancellations, and your employee signed a TOS (terms of service) agreement on your behalf when you started using me as your service provider. She should have notified you of the charge" (As indicated on the TOS and verbally. The business owner was not in that day.)
her: "That will never hold up in court, you can talk to my lawyer about this, people cancel on me all the time and I don't charge them. CLICK."
Anyways, I just went down there (I was in the area anyways) and just got my payment for the first service call. I really don't want to deal with her gong crazy over something so measly. I would definitely say she was bluffing me--who contacts a lawyer over $60. Anyways, my question to you is: Would you contact a lawyer?
And yes, things I should have done differently:
1) Have the business owner sign the TOS (the original TOS was signed so long ago I had forgotten it was only an employee signature.)
2) Have the client sign an agreement to purchase the specific part at a specific price. (I do have the forms for this, but they're generally only used for residential customers and new bussiness customers.) I've never had an issue with a customer canceling on me before.