Pianotech

  • 1.  Abandoned Instruments

    Registered Piano Technician
    Posted 07-01-2024 17:29

    How do you handle 'abandoned pianos'?  How long do you wait before the customer's piano becomes yours?  Any anecdotal or legal advice on this issue would be appreciated.  I'd hate to have the customer show up a year from now and try to make a fuss.



    ------------------------------
    Ron Bergeron, RPT
    Austin, Texas
    ------------------------------


  • 2.  RE: Abandoned Instruments

    Posted 07-01-2024 18:07
    Hi, Ron,

    I think that the most direct/useful answer is that laws relating to the custody and ownership of property vary so much between jurisdictions (State-to-State), that nothing from outside of Texas/wherever is going to have much substantive or probative value. Even with State, these laws/regulations can vary wildly.

    Without consulting an attorney, sites like

    Nolo.com

    ...which is site for Nolo Press may be able to offer some help.

    Even then, it's not the same as having an opinion from someone licensed to practice law in your State...which happens to be Texas.

    Kind regards.

    Horace




      Original Message




  • 3.  RE: Abandoned Instruments

    Registered Piano Technician
    Posted 07-01-2024 18:22
      |   view attached
    Ron. 

    For what it's worth, attached is a "Terms and Conditions", I give my customers when I start working on a piano. While it doesn't say specifically what will happen if a piano is not picked up, at least you have the right to charge storage and interest. If that doesn't work, I don't know what will. 

    In any case, you might check with a lawyer, but I believe if you send a customer a certified letter, receipt requested, saying if you don't pay for an pick up your piano by a certain date, you will sell it, you will be covered. Then, put that money in a savings account, just in case.  

    Wim



    Attachment(s)

    doc
    Terms.doc   16 KB 1 version


  • 4.  RE: Abandoned Instruments

    Registered Piano Technician
    Posted 07-01-2024 18:36
    Ron. 

    For what it's worth, below is a "Terms and Conditions", I give my customers when I start working on a piano. While it doesn't say specifically what will happen if a piano is not picked up, at least you have the right to charge storage and interest. If that doesn't work, I don't know what will. 

    In any case, you might check with a lawyer, but I believe if you send a customer a certified letter, receipt requested, saying if you don't pay for an pick up your piano by a certain date, you will sell it, you will be covered. Then, put that money in a savings account, just in case.  

    Wim

    Terms & Condition for repair work

    1.     PRICE:  The total price is an estimate only.  Charges for additional work may occur. Before any additional work is done, your permission will be obtained.

    2.     DEPOSIT:  A deposit of one half the total amount of the contract is payable upon acceptance of this contract by you, unless other arrangements have been made, agreeable to both of parties.

    3.     INSPECTION: You will be notified when the work is completed.  You will be required to inspect the finished piano at my workshop, or at a location as indicated by me, unless other arrangements are made.

    4.     BALANCE PAID: Upon acceptance of the contracted work performed, you will pay Willem Blees, RPT, the balance due. It is understood that the piano will not leave my possession until the balance due is paid in full, or other arrangements have been made, agreeable to both of us.

    INTEREST & STORAGE: In the event the balance due is not paid within 30 days after you have been notified that the work as per this contract is completed, interest at 18% per year, prorated to the day, and a $5.00 per day storage fee, will be added to the outstanding balance.

    6.     MOVING:  You will be responsible for drayage.  Upon request, I will make arrangements for drayage, but I will not be held responsible for any liability to your property, or the piano, while it is in transit.

    7.     COMPLETION DATE: Because delays such as weather, labor strikes, injuries, etc. may occur which are beyond my control, the completion date should be regarded as a target date only, and not as a definite date of completion. You will be notified in the event of a delay of completion.

    8.     INSURANCE:  While the piano is in my possession, the piano is insured against loss resulting from fire, vandalism, or other acts of nature. The insurance will only pay for the actual value of the piano at the time of the loss. To assure that the piano is covered for its full value, it is advised that you check with your own insurance company. A written appraisal of the piano in its pre-contract condition will be made available upon request. A written appraisal of the completed piano will also be available upon request.

    9.     Definitions of terms: I, me, is Willem Blees, RPT. You, yours is the person responsible for making payments, and/or the owner of the piano. Our, ours, is both Willem Blees and the owner and/or responsible party(ies).