Terms and Conditions

[inspirashin]

Although we never want to get to this point, I'm sure you've crossed paths with a DDS or two ( hopefully not more) that you have to take to court because they just wont pay!

Question- I have my terms and conditions on the backside of my fee schedule, and although it states, paraphrasing here, that by sending work to me the account understands that they acknowledge the terms and conditions stated above, is that enough to ride in court? Do you have to have to have a signed agreement initially or just them sending in a case for the first time after receipt of the fee schedule, is that enough to hold up in court?

 

[doug]

Mark? Mark, I think you're needed here.

 

[EJADA]

It better be a good chunk the DDS owes you or I would not waste 5 seconds on this. Keep encouraging them to pay and get back to doing what you do best. In 17 years in business I have never had a Dentist not pay. Several late but we always got it worked out. Good luck

 

[inspirashin]

I really appreciate your feedback, and yes, the DDS owes me a pretty sum. The balance has increased now to about 18K, but in CA, small claims limits each case to 10K. I tried everything to get it worked out, but I havent got a penny from them for over one year now.
I asked the question because his brother is also a DDS I work with, and although I have good faith in him, he's behind about 90K in his overdue balance. He pays, but not nearly enough each month.
I'm hoping now that a verbal agreement may be okay, because I have the outline of the terms and conditions on the fee schedule-riding off 18K as a loss is going to hurt, but I can live with that (I think),but 90K? That would mean bye bye lab for me.
Thanks again for your input-really appreciate it.
BTW, this is for a lab Im currently running as GM. I sure do hope it all works out

 

[CShof]

Back in high school and college I worked at a law firm and I had the peon job of going to the court house to do the initial filing of all the new cases. Any time a case was above the monetary limits of an SC (small claims) case we would file an LM (law minor?) case. If it were me I'd think that extra $8,000 would be worth the price of an attorney and slightly higher filing fee. Of course that's where my legal knowledge ends so I might not know what I'm talking about but it seems worth looking into if it were my money on the line. Of course I'm the type that likes to fight on principle too. If someone owes me $5,000 then I'd rather spend $5,000 to get my money than let them keep it.

 

[inspirashin]

Back in high school and college I worked at a law firm and I had the peon job of going to the court house to do the initial filing of all the new cases. Any time a case was above the monetary limits of an SC (small claims) case we would file an LM (law minor?) case. If it were me I'd think that extra $8,000 would be worth the price of an attorney and slightly higher filing fee. Of course that's where my legal knowledge ends so I might not know what I'm talking about but it seems worth looking into if it were my money on the line. Of course I'm the type that likes to fight on principle too. If someone owes me $5,000 then I'd rather spend $5,000 to get my money than let them keep it.

well stated and in all honesty im of the same mind....if only i could get scrooge to think the same...oh excuse me..i meant my boss

 

[AJEL]

Have U thought of breaking it down to month by month & going to Judge Judy, just playing with ideas how many court TV things would the DDS like to be in and have the information of the DDS's mark up known by their patients?
But I would run that by an attorney.
I have gone to court and have on my lab contract that the DDS will pay all court costs & the understanding that the product is Particular Purpose and as such there is no Warranty of Merchantability, If it was not for HIPPA I might think of publishing the pt name & charge to the DDS. And any outstanding balance right now would put me out of house & work, at that I might become unpleasant.

 

[Tom Moore]

About the only way a dentist can get our work-order/prescription is on our web site. I am working on getting our terms and condition on a read and sign off just like most of the companies we deal with on the Internet use. When they set up a user name and email they will be able to see our terms and conditions and download the form. If they agree to our terms and conditions they get to print the form.

I'm about to hire a redo of our clunky old web site that will interface with the customers ordering and payments much better than the way we do it now. That is if it doesn't brake the bank. I'll see in the next week or so what sort of bids I get to do it.

 

[Mark Jackson]

Mark? Mark, I think you're needed here.

Customer Agreement | Precision Ceramic Dental Laboratory, Montclair, CA 91763

 

[user name]

Obviously youre not going tyo be working for him in the future. Its your money..if he doesnt pay you, hes stealing from you. You married, got kids? Gonna let some chump steal from your kids? Bloody knuckles.

Mark is a professonal, and conducts 'business'. I admire that about him. I on the other hand have a reputation in my town. (yes, its my town). You dont screw with me.

 

[Mark Jackson]

You dont screw with me.

I decided to take the fifth and delete my previous post

 

[AJEL]

I like article 19a the most of Marks contract and actually have something like it directly above the DDS signature line.

Warranty as Per Uniform Commercial Code (UCC) ¶2-315 Particular
Purpose. As per trade practice there is NO WARRANTY OF MERCHANT-ABILITY.
I reserve UCC ¶2-508(1) Right to Cure & UCC ¶2-709 Action
for Price. "Dentist agrees to pay all reasonable collection costs including
Attorneys fees, court costs, and interest on unpaid invoices/statements,
interest on late payments to be 2% per mo. compounded monthly."

 

[inspirashin]

thanks guys for your input!! i'm going to look into what you all said, and hopefully I wont have to talk to an attorney..but who know..gotta walk down the road I have to

 

[Mark Jackson]

I like article 19a the most of Marks contract and actually have something like it directly above the DDS signature line.

Warranty as Per Uniform Commercial Code (UCC) ¶2-315 Particular
Purpose. As per trade practice there is NO WARRANTY OF MERCHANT-ABILITY.
I reserve UCC ¶2-508(1) Right to Cure & UCC ¶2-709 Action
for Price. "Dentist agrees to pay all reasonable collection costs including
Attorneys fees, court costs, and interest on unpaid invoices/statements,
interest on late payments to be 2% per mo. compounded monthly."

Actually, I like the line thats says we are entering into this contract in MY county. If anyone wants to fight me, they have to come HERE! I lost a few cases where the dentist decided to show up in court and wanted me and all my managers to come in and testify about the cases we did.

I fixed that in the next contract revision. That paper represents 30 years of reinforcement and revisions to tighten loop holes.

 

[JohnWilson]

I have used a version of Marks terms as well. I think he and his attorneys have done a very fine job developing/refining it as well as Marks graciousness of sharing it with his colleagues.

I have become very jaded with collections as outline in a few posts on this forum. Since I mandated a credit card for ALL new clients my sanity is so much more secure. After really pushing old clients to follow the same lead it's surprising how many jumped on board.

When we closed the month yesterday we ran/collected about 45% of our receivables on cards. It makes cash flow so much more desirable and I am running about 98% inside of terms right now. It is so much more rewarding when you have a tremendously big month KNOWING you will collect what you produced on YOUR terms!

 

[inspirashin]

I have used a version of Marks terms as well. I think he and his attorneys have done a very fine job developing/refining it as well as Marks graciousness of sharing it with his colleagues.

I have become very jaded with collections as outline in a few posts on this forum. Since I mandated a credit card for ALL new clients my sanity is so much more secure. After really pushing old clients to follow the same lead it's surprising how many jumped on board.

When we closed the month yesterday we ran/collected about 45% of our receivables on cards. It makes cash flow so much more desirable and I am running about 98% inside of terms right now. It is so much more rewarding when you have a tremendously big month KNOWING you will collect what you produced on YOUR terms!

Seriously...to all of you who've shared your wisdom with me, you have know IDEA how grateful I am...this place is a goldmine of knowledge, and I am so happy I came upon this site.Mark..30 years of refining, I don't think I could ever beat that..thanks for sharing.

John, the idea of taking down a credit card is a great idea...I will definitely look implement that one for sure.