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#21 |
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Glen
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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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When it has to be clean, Betterblast it! glenmarcinc@yahoo.com P-610-323-8084 http://betterblast.com/ |
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#22 | |
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Pompass Ass
Trade: Certified Building and Certified A/C Contractor
Join Date: Jan 2009
Location: Plant City, Florida
Posts: 2,090
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Re: Going To CourtQuote:
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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#23 |
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Glen
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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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When it has to be clean, Betterblast it! glenmarcinc@yahoo.com P-610-323-8084 http://betterblast.com/ |
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#24 |
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Glen
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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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When it has to be clean, Betterblast it! glenmarcinc@yahoo.com P-610-323-8084 http://betterblast.com/ |
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#25 |
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Pro
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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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Benny Abbott Abbott Consulting and Coating Inspections E-Mail: babbott@abbottcoatinginspections.com Phone: (205-717-0292) |
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#26 |
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Pro
Trade: SandBlasting/Soda Blasting
Join Date: Jun 2009
Location: Southern, Maine
Posts: 1,025
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Re: Going To Court
GOOD JOB Glen!
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It's one persons stuppid question; that many want to know the answer to. Web Site: www.DyerSodaBlast.com Email: Jim@DyerSodaBlast.com |
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#27 |
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Pro
Trade: Remodeling
Join Date: Nov 2008
Location: Ohio
Posts: 201
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Re: Going To Court
Congrats on the win!
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www.KirbyCustomHomes.com |
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#28 |
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Glen
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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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When it has to be clean, Betterblast it! glenmarcinc@yahoo.com P-610-323-8084 http://betterblast.com/ |
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#29 |
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any media master blaster
Trade: sand blastiing
Join Date: Oct 2008
Location: new jersey
Posts: 128
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Re: Going To Court![]() ![]() ![]() I hope you collect your hard earned money.Happy New Year!!!!!!!!!!!! Wes |
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#30 |
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Member
Trade: Mobile Media Blasting
Join Date: Dec 2009
Location: Salt Lake City, Utah
Posts: 91
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Re: Going To Court
sweet!
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#31 |
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Pro
Trade: custom home building
Join Date: Dec 2007
Location: Central Iowa
Posts: 1,795
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Re: Going To Court
Good work and congratulations.
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#32 |
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Chris
Trade: SANDBLASTING
Join Date: Feb 2007
Location: Indiana
Posts: 633
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Re: Going To Court
woohoo!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
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#33 |
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Pro
Trade: Sandbalsting
Join Date: Mar 2008
Location: South Central, PA
Posts: 209
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Re: Going To Court
That's awesome!
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