Going To Court

 
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Old 12-24-2009, 06:49 AM   #21
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Re: Going To Court


"Of course I only said I would do my best with it and never gauranteed anything"

That's from my post a couple up. I would never say that there could be no warpage I know better than to say anything like that. They just say that I did say that so it's there word against mine. I asked them to show any contract where I offered any gaurantee and and stated that told them I understood their concerns and that I would use the right materials and lower than usual pressure to get the best results possible. It's up to the judge if he believes them that regardless of the prior damage which all agree was there that I personally caused more or different damage and that it was not so much an unavoidable affect but due to incompitance. I have proof they have zero proof but I may still loose. That's why a contract might be the best thing. A person can come back to you a year later saying they just got around to painting and they only then decided that you had damaged it and sue for whatever. I will work on a contract and post it for everyone here. Then we can all tweak it together for those who agree they should use one. I know many here will say they are against it to not scare off a customer but it beats a $20,000 law suit ffor replacing a bunch of panels and repaint and such, it could happen.

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Old 12-24-2009, 09:24 AM   #22
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Re: Going To Court


Quote:
Originally Posted by Betterblast View Post
Actually judges often delay an answer. There was someone else in a post that said they are waiting and I have a friend with a landlord problem who also waited.

They new when I brought it back to them but it was worked on before so who knows if it changed from my blasting it. I used walnut and fine glass at about 35 psi. What more can you do? Even if it did move more there isn't anything more I could have done to prevent it.

From now on I don't deliver anything or let anything leave the shop before it is paid. I think I will also make a contract that explains that there is always some risk of warping on sheet metal or holes appearing where rust is heavier than expected or had been hidden by fillers. and that payment is not dependent up on the usibility of any item after blasting. I will also explain that masking, wheather by me or by the customer does not gaurantee the saftey of the part. Any thing attached to an item brought in to an abrasive blasting environment might get blasted. If you don't want it blasted take it off. Even if you get paid you don't need some clown draging you to court later saying they didn't know when they picked it up that it was damaged in some way and now they want money back or worse a replacment cost of maybe a whole clasic car.
You should get paid up front on things like this, whats to keep someone from having you do the work, not being happy with the results and sticking you with the job and leaving the part with you?

You should also have a disclaimer they sign saying you are not responsible for the way things turn out, since there is no way you can tell how badly rusted a part is that you are blasting and that you will use due care in doing the work but are not responsible, and if they sue you, they are responsible for all costs you incur, even if they win.

If they don't like your terms, let them go somewhere else.
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Old 12-24-2009, 05:59 PM   #23
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Re: Going To Court


Yeah I covered some of this earlier. I had done other work for this company before. Auto glass work. Also their office man used to be the parts guy at a local chevy dealer who has known me for more than ten years. I just didn't think they would screw me like this. Also this is the one and only time I have picked up and delivered a blasted part. Customers usually pay in my office and then load the part. I just brought it in to them out of my truck and then it's too late. I have never asked for money up front on smaller things because I figure everyone wants their parts back but your right they may not. Since in this case I stopped in to their place to see if they had work for me it would have seemed odd then tell them I had to get paid up front. It was just a hood after all. But here I sit SCREWED. I am working on the disclaimer as I said above.
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Old 01-04-2010, 05:39 PM   #24
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Re: Going To Court


Victory is mine!!!

I recieved the news today. I was awarded $597.00

Two hundred for the origional bill ninety seven for court costs and two hundred extra for their use of profanity. I had asked for eight extra but two is cool.

Of course I may never get paid they may appeal, who knows who cres. To me the point is that a judge agreed with me and They had a lawyer and I still kicked their butts. I will post more as it happens.
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Old 01-04-2010, 08:42 PM   #25
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Re: Going To Court


Good for you. As you stated, you may never see a dime of it but you proved your point in a court of law.
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Old 01-04-2010, 08:48 PM   #26
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Re: Going To Court


GOOD JOB Glen!
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Old 01-04-2010, 09:08 PM   #27
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Re: Going To Court


Congrats on the win!
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Old 01-04-2010, 09:50 PM   #28
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Re: Going To Court


Thank you, It's a win for all of us. I should scan the judgment and display it.

The photos were a huge help although I will also have a signed disclaimer in the future as well.
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Old 01-04-2010, 10:11 PM   #29
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Re: Going To Court



I hope you collect your hard earned money.Happy New Year!!!!!!!!!!!!
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Old 01-05-2010, 11:07 AM   #30
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Re: Going To Court


sweet!
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Old 01-05-2010, 12:27 PM   #31
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Re: Going To Court


Good work and congratulations.
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Old 01-05-2010, 06:45 PM   #32
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Re: Going To Court


woohoo!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
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Old 01-06-2010, 03:48 PM   #33
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Re: Going To Court


That's awesome!
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