I am Fed up

September 13, 2006

I am tired of being taken advatage by customers. Lately it seems like every job I go on the customer tries to blame something on me that was not my fault.

Example:

I was doing a job that had several broken seals, before I started the job I warned the customer about the windows and told them that I wouldn't suggest tinting the windows with the broken seals until they were replaced and if I did tint them I wouldn't be able to provide a warranty for them. The customer told not to worry about it and to go ahead and tint the windows. Well two days later I get an agry call from the customers son saying that I damaged the seals in several of the windows and that he needed to file a warranty claim. Even though I wrote on the invoice that there was damage found on several windows the customers son said that there was no proof that the damage was pre-existing.

Another job that I did a couple weeks ago required a scissor lift. When I got to the job before I even unloaded the truck I went and talked to the contact to let her know I was there. There were several entrances to the building and I asked her what entrance she wanted me to take the lift in, and she told me to use the front entrance. Little did I know that underneath the front entrance there was a parking garage that had a elaveted granite side walk/patio area. I also did't know that the granite was only 2" thick and when I drove the lift over it the side walk colapsed. after it happened I called the contact and she called her boss, well when the boss arrived she completely changed her story and told the boss that she specifically told me not to use that entrance. Ended up having to call my insurance and there was nothing I could do to prove my innocence because I did not have in writing that she gave me permission to drive over that sidwalk. that was an $8000 mistake that will never happen again.

The only solution that I have been able to come up with is to have a sign in sheet attached to the invoice that the customer has to fill out prior to the job.

This is what I came up with:

%$ Window Tinting shall furnish only the materials and/or labor specified by this contract. Any changes made from the attached specification (estimate sheet/invoice) necessitating additional material or labor shall not be included or covered by this contract, but shall be provided for under a written job change authorization signed by the customer.

The customer represents and warrants that there are no violations of any zoning, building codes or regulations, laws or ordinances of any duly constituted public authorities.

Any products and/or materials upon which the Manufacturer has issued any warranties, limited or otherwise, shall be subject only to such Manufacturer?s Warranties. %$ Window Tinting will, at its option, repair or replace any faulty product or installation according to the expressed terms of the Manufacturer?s applicable product warranty. Customer agrees to present any claims relating to any such products and/or materials directly to the Manufacturer thereof. This warranty is in lieu of all warranties expressed implied statutory or otherwise, exceed the cost of repair or replacement of any such defective products, material or workmanship. The Manufacturer and %$ Window Tinting make NO WARRANTIES OF MERCHANTIABILITY OF FITNESS FOR ANY PUPOSE AND NO OTHER WARRANTIES, ORAL OR WRITTEN, EXPRESSED OR IMPLIED, EXCEPT AS SPECIFICALLY SET FORTH IN ANY MANUFACTURER?S WARRANTY CERTIFICATE.

%$ Window Tinting will not be responsible for glass breakage, for any cause, except direct accidental breakage that may be caused by an %$ Window Tinting installer at the time of installation or breakage that is determined to have been caused by the window film within five years of the original application. No agent, employee or contractor of %$ Window Tinting is authorized to modify or otherwise enlarge upon %$ Window Tinting?s liability herein.

%$ Window Tinting requests that all customers have a small degree of tolerance concerning small defects such as dust particles, pet hair, small gaps, and seal dirt when applying film to businesses and homes(it is impossible to eliminate all imperfections).

%$ Window Tinting is not responsible for any glass breakage or seal failure incurred using film not warranted nor recommended for flat glass application.

Manufacturer?s Warranty is void if the product has been subjected to abuse or improper care. Except for the obligation to replace defective film and reapply film as described above, sell shall not be liable in either tort or contract for any loss or damage (direct, indirect, special, consequential, or incidental) arising out of the use or inability to use this product.

%$ Window Tinting will have the right, in addition to any other rights it may have, to cease any installation, which has begun, and or cancel the agreement and recover the reasonable value of the materials and labor furnished to the date of cancellation. It is agreed the reasonable value of such labor and/or materials shall be %$ Window Tinting?s current retail prices thereof and the labor charges or other expenses incurred for any employee or subcontractor who may be performing any part of the installation. %$ Window Tinting shall not be liable for any delays in the completion of an installation resulting from or due to labor difficulties, strikes, acts of God, fire, explosion, government regulations or causes beyond the control of %$ Window Tinting.

This agreement, any attached specifications, sketches and blueprints, and the credit agreement between the parties, and may not be altered or modified except by written agreement duly executed by all parties. Oral statements, understanding and agreements with any representatives or other persons shall not be valid or binding unless set forth in writing and agreed upon herein.

Payment is due in full upon completion of work unless previously agreed upon by both parties. Financed payment and purchase orders are not available for residential contracts: Date due: __/__/__.

I, the undersigned, state and acknowledge that I have read this document and hereby release and hold %$ Window Tinting harmless from any losses, injuries, or damages, direct or consequential, arising out to the application of agreed products. Furthermore, I have read this product disclosure statement and acknowledge receipt of a copy of this document and sign my name this _______ day of __________, 20____.

Please Print Name: _________________________________ Signature: ____________________

OFFICE USE ONLY: Brand of film being used: ___________ Film % __________ Price: $__________

I do 4 to 6 RES/COM jobs a day and so far no one has had a problem filling out this form. I was just wandering if any of you guys have had the same problems I have and what you guys have done to avoid these problems. ultimately what I want is to have a satisfied customer but at the same time I want to protect myself from the crazy ones.