Advice on invoices
- Thread starter matt123
- Start date
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I think the advice of an attorney would be your best option.
A reference to the customer's order.
pachome
Member
- Location
- Seattle, WA
I put all my allowances, specifications and legal items on our estimates that require a signature to accept.
ptonsparky
Tom
- Occupation
- EC - retired
Quickbooks Enterprise, contractor version. Don't go that big.
Coppersmith
Senior Member
- Location
- Tampa, FL, USA
- Occupation
- Electrical Contractor
Since the invoice is given out after the work is complete (usually), it's a little late for disclosures. As was mentioned, your estimate/bid form is the place for those. The one thing I have one my invoices besides the calculations of the price is this statement: "Unpaid balance subject to 1.5% interest per month. Warranty void until balance is paid in full."
Good points if I may say so.
- Location
- Massachusetts
In some areas I believe that would be unlawful.
goldstar
Senior Member
- Location
- New Jersey
- Occupation
- Electrical Contractor
Maybe - maybe not. Taken from this website :
https://contracts.uslegal.com/elements-of-a-contract/
If you click on the links it will explain what each one is.
Elements of a Contract
The requisite elements that must be established to demonstrate the formation of a legally binding contract are (1) offer; (2) acceptance; (3) consideration; (4) mutuality of obligation; (5) competency and capacity; and, in certain circumstances, (6) a written instrument.
The consideration and mutuality of obligation parts of the contract are the performance and payment elements of the contract. If there's no payment it could be considered a breach of contract unless there was no performance or, in a case where you provided labor and performed a service, it could be considered theft of service.
However, I think you are correct in that I would not broadcast that "there is no warranty unless you're paid in full". I believe that's implied in the case of a breach. Just my opinion - I'm not a lawyer - I can't take the harsh jokes.
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goldstar
Senior Member
- Location
- New Jersey
- Occupation
- Electrical Contractor
Not sure what this company offers in their "electrical contractors" package of forms but it might be a good place to start. Maybe even call them.
http://www.uslegalforms.com/contractors/
http://www.uslegalforms.com/contractors/
- Location
- Massachusetts
Right, maybe maybe not.
But something that should be verified before trying to apply it. I was talking more about local laws than contract agreements.
Here in MA we are obligated by law to provide at least 1 year warranty and no contract can take that away.
Contracts may extend that, we have done jobs where the company had to agree to a 5 year warranty on some parts of it.
Now of course a contractor might try to ignore warranty work for a job that has a balance but the customer could go to the licensing board about it.
Coppersmith
Senior Member
- Location
- Tampa, FL, USA
- Occupation
- Electrical Contractor
I added this to my invoice form after going to a seminar given by a large Kentucky electrical contractor who does the same and advised it provided some leverage for getting paid thus the public statement on the form. Far as I know it's perfectly legal in my jurisdiction. Strangely, the only client that has ever asked me about the warranty during negotiations is the Federal Government (FAA).
It would really piss me off to be forced to do warranty work on an unpaid job.
kwired
Electron manager
- Location
- NE Nebraska
- Occupation
- EC
So if you somehow ended up stealing a new appliance or a new car, you can demand warranty repairs even though you did not pay for those items? Seems like a fair enough comparison on how the owner acquired the item in question.Right, maybe maybe not.
But something that should be verified before trying to apply it. I was talking more about local laws than contract agreements.
Here in MA we are obligated by law to provide at least 1 year warranty and no contract can take that away.
Contracts may extend that, we have done jobs where the company had to agree to a 5 year warranty on some parts of it.
Now of course a contractor might try to ignore warranty work for a job that has a balance but the customer could go to the licensing board about it.
- Location
- Windsor, CO NEC: 2017
- Occupation
- Hospital Master Electrician
Agreed.
- Location
- Massachusetts
Yes that would be how it works. :roll:
I agree. As soon as we install material in a building, we no longer own it even if we never get paid for it. It's not fair but, it's the law. If the OP wants to start in the right direction, they should contact an attorney that specializes in business law.
- Location
- Windsor, CO NEC: 2017
- Occupation
- Hospital Master Electrician
And somehow if it doesn't work quite right we have to honor a warranty even though the work hasn't been paid for...?
Yes, I agree - it does seem like a fair comparison. There's a lovely expression here. Twocing. Taking without owner's consent.
I can't comment on the legality of it but it does seem pretty unreasonable.
And I don't know how it would work here in the UK or elsewhere. We were acquired by Cooper Controls who were subsequently acquired by the Eaton Corporation. So we were American owned.
The other difference is that we were manufacturing equipment so, for the most part, supplying hardware rather than installing.
Our terms of tender and sale did not change significantly. And were printed with every order acknowledgement and invoice. We had a clause that "title (ownership) would not pass until the goods were paid for in full". That obviously begs the question of how can a "customer" demand warranty on something they didn't own?
Another little gem I got from one of my colleagues many years ago:
"You haven't made a sale until the bill gets paid."
Just thought I'd throw that in 'cos it's pertinent to the topic.
The weather here isn't so I won't comment on it......................
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