Thread: The timesaver coupe

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LOL, without getting into an argument to wether it is penalties or liquidated damages (both are not always the same). My point was to simply give some guidelines to achieve a meeting of the minds, meaning both parties know what is expected of them.

In Jim’s case, he is expected to pay for the services rendered and the shop is expected to do the work in a professional workman like manner. However, without a due date, the shop can put other projects in front without any consideration for whom came first, while it is morally unethical, it is NOT illegal (most shops will not do this). And, if there are no penalties or consequences then the customer has no recourse other than what is allowed by law (granted penalties are not always easy to collect). If you look closely at the bottom of your receipt, most shop have a clause that states “if not claimed after 30 days your property can be sold”. This is damages, and what’s good for the goose should also be good for the gander.

It is reasonable to expect a due date (in some states it is required by law) for services. It is reasonable to expect a job to be performed in a professional workman like manner. It is reasonable to expect a job to be competed with due diligence. It is reasonable to expect to be paid for services rendered. It is reasonable to expect to suffer consequences for abandonment (abandonment can also be defined as not completing a job). And it is reasonable to expect damages when a contract is not fulfilled. Are there exceptions, always. But, it should be agreed to by all parties, not just one writing the rules as they go.

A contract wether written or oral, must contain a meeting of the minds.

While the squeaky grease scenario, does get results, it can sometimes get less than desirable results. I’m not saying it’s not a good idea to make your presence noticed, I’m just saying do it wisely.

If it were me at this point, I would schedule a meeting with the sales rep and/or the owner of the shop to discuss my displeasure with the progress and establish a reasonable timeline for completion.

Originally Posted by 36 sedan

LOL, without getting into an argument to wether it is penalties or liquidated damages (both are not always the same). My point was to simply give some guidelines to achieve a meeting of the minds, meaning both parties know what is expected of them.

In Jim’s case, he is expected to pay for the services rendered and the shop is expected to do the work in a professional workman like manner. However, without a due date, the shop can put other projects in front without any consideration for whom came first, while it is morally unethical, it is NOT illegal (most shops will not do this). And, if there are no penalties or consequences then the customer has no recourse other than what is allowed by law (granted penalties are not always easy to collect). If you look closely at the bottom of your receipt, most shop have a clause that states “if not claimed after 30 days your property can be sold”. This is damages, and what’s good for the goose should also be good for the gander.

It is reasonable to expect a due date (in some states it is required by law) for services. It is reasonable to expect a job to be performed in a professional workman like manner. It is reasonable to expect a job to be competed with due diligence. It is reasonable to expect to be paid for services rendered. It is reasonable to expect to suffer consequences for abandonment (abandonment can also be defined as not completing a job). And it is reasonable to expect damages when a contract is not fulfilled. Are there exceptions, always. But, it should be agreed to by all parties, not just one writing the rules as they go.

A contract wether written or oral, must contain a meeting of the minds.

While the squeaky grease scenario, does get results, it can sometimes get less than desirable results. I’m not saying it’s not a good idea to make your presence noticed, I’m just saying do it wisely.

If it were me at this point, I would schedule a meeting with the sales rep and/or the owner of the shop to discuss my displeasure with the progress and establish a reasonable timeline for completion.

I wish I lived in your idealistic world, or that I'd picked up some of those rose colored glasses back when they were so popular.

There's a huge difference between a large shop with a bunch of worker bee's and a one-man-show upholstery shop. Most of the places that we as hot rodders do business with will tell a guy to take his business somewhere else if he tries to establish penalty/liquidated damage clauses in a work agreement. Your experience may be different, and I'm happy for you if that's the case.