[Dixielandjazz] Cancellation terms?

tcashwigg at aol.com tcashwigg at aol.com
Sun Dec 31 14:07:38 PST 2006


Hummm:   Try reversing the situation on them,  go shopping and fill the 
baskets with everything you want and walk out and tell them you will 
pay them in 1 to 3 months and see what happens.

I did that in Chicago a few years back with some arabic stores that had 
bought my products on credit, and did not pay for them as they promised 
and according to the terms of our agreement in writing no less.

I flew back there from S.F. and walked into their stores and loaded up 
shopping carts with the most expensive products they had on the shelves 
until I got to what they owed me form their outstanding invoices. The 
owner was just standing at the cash register drooling while they 
watched me mounting up their biggest sale of the day.    I just pushed 
them out the front door as they yelled for Police,  One came very 
quickly, because I had contacted them ahead of time and told them what 
I was going to do :)) he was actually waiting right outside the store 
out of sight so as to just happen to be there when the merchant needed 
him. :))

He of course took me and the cart back inside the store to ask me why I 
did not pay for it ?   I explained to him in front of the merchant that 
the merchant owed me exactly the same amount of money as was 
represented in the cart and since he did not pay for my merchandise I 
am under no obligation to pay him for his, after all like him I believe 
in American  Free Enterprise. :))

Then I produced the signed invoices and agreements from the merchant 
for the Policeman to read,  whoops!   now the show was on the other 
foot, and the merchant did not even remember me from the year before 
when he had purchased all my product.   He quickly began to try and 
bargain for my new product by telling me he would pay for all the past 
due invoices with cash if I would give him a discount and sell him new 
stuff. :))

Nice of him since he had sold it all and enjoyed the profits and my 
money for over a year.  He had the balls to ask for a discount on the 
new stuff if he paid the old bill,  I started for the door again with 
his shopping cart and told him no thanks. :))   The policeman was 
having a good laugh, too bad we did not have a video tape of the scene 
for a future comedy release.

The merchant finally agreed to pay the bill in cash and pay cash for 
the new stuff which I had in the car, I sold it too him and we had a 
nice laugh and he agreed that he would pay cash up front form now on 
for my products.    I bought the Cop a Shish Ka Bob from the merchant 
for lunch :))


The word spread thru the community quickly about what I had done and I 
suddenly had my money from every other shop keeper in town when I 
walked in the door.

Cheers,

Tom



-----Original Message-----
From: nmboym at 012.net.il
To: tcashwigg at aol.com
Sent: Sun, 31 Dec 2006 1:05 PM
Subject: Re: [Dixielandjazz] Cancellation terms?

   Hello Tom, 
  Israel, though pretending to be a part of the developed world - 
hi-tec, Nobel prizes, excellent surgeons - is not, really. What Elazar 
describes is, unfortunately, the usual practice, especially late 
payment (last minute non-compensated cancellations less so). 
 Cheers 
 ----- Original Message ----- From: <tcashwigg at aol.com> 
 To: <dixielandjazz at ml.islandnet.com> 
 Sent: Sunday, December 31, 2006 9:02 PM 
 Subject: Re: [Dixielandjazz] Cancellation terms? 
 
 > 
 > Shalom Elazar: 
 > 
 > HAPPY AND MORE PROSPEROUS NEW YEAR TOO:)) 
 > 
 > I use a One page agreement for most engagements because I generally 
 > know who my clients are and how trustworthy they are. 
 > 
  > I require a fifty percent deposit 10% to hold the date upon signing 
the 
  > contract and securing the date, 40% due thirty days in advance of 
the 
 > engagement, and the balance upon arrival. If the engagement must be 
 > cancelled it must be done a minimum of thirty days in advance of the 
 > performance date, and will suffer a 10% FORFEITURE rebooking fee. I 
 > will rebook under the same terms and conditions. 
 > 
 > If the event is cancelled within 29 days of the agreed upon date the 
 > full 50% deposit is forfeited but may be applied to a rebooking at a 
  > future mutually agreeable date. Bear in mind however that this is 
for 
  > Legitimate emergency cancellations not just because they changed 
their 
 > mind. Especially with any Government entity, they are the biggest 
  > flakes in the world, and I generally make them pay 100% up front and 
no 
 > refunds for any reason. 
 > 
 > As for those folks who say they don't do business like that, simply 
  > don't do business with them, after all it is YOUR BUSINESS and you 
have 
  > the right to run YOur Business as you see fit and do what works to 
keep 
  > you profitable and in business. As for paying 1 to 3 months after 
the 
 > gig, Hell not a chance I would go for that kind of deal, Mail them a 
 > kazoo and tell 'em to entertain themselves. You are better off 
 > Busking on the street and you certainly would get paid quicker. :)) 
 > 
 > You have to find a way to teach them how to RESPECT you and your 
  > services or simply take what is thrown at you, personally I have 
never 
  > done that and never will, I simply look for better clients at a 
higher 
 > level. 
 > 
  > When playing out of town or country GET ALL THE MONEY AND EXPENSES 
UP 
 > FRONT if possible but a minimum of 50% AND EXPENSES, 
 > NO EXCEPTIONS. If they can't afford to do that then chances are 
  > pretty good they can't afford to pay you either if they don't 
promote 
 > and organize the event properly either. Do not become an unwilling 
 > partner, unless you are sharing in the profits as well. You are 
  > better off throwing your own engagement and keeping all the money. 
If 
  > they are not going to pay you and do business properly then why do 
you 
 > need THEM ?? 
 > 
 > Send QUIDO, TO TWIST THEIR ARM AND GET THE MONEY. 
 > 
 > Cheers, 
 > 
 > Tom "SHOW ME THE MONEY" Wiggins 
 > 
 > 
 > 
 > -----Original Message----- 
 > From: jazzmin at actcom.net.il 
 > To: dixielandjazz at ml.islandnet.com 
 > Sent: Sun, 31 Dec 2006 12:44 AM 
 > Subject: [Dixielandjazz] Cancellation terms? 
 > 
 > Shalom Jazz Fans, 
 > 
 > While I am at it, I have another question to pose: 
 > 
 > How to handle the possibility of a last minute cancellation if a 
 > contract or 
 > a deposit are not possible? 
 > 
 > So far Doctor Jazz has not been stiffed by any of our private 
 > customers. We 
  > are still working without contracts, and only in rare cases do we 
take 
 > deposits or advance payments from them. The rank and file folks over 
 > here 
 > have a strong sense of right and wrong, and you can pretty much work 
 > with a 
 > person's word and handshake. 
 > 
 > However, we have been stiffed several times by the Jerusalem 
 > Municipality, a 
 > local shopping mall, and a religious college. Two times now the same 
  > customer, who is a repeat customer, hired us and cancelled us -- on 
one 
  > occasion, 3 times for the same gig! In both cases, the event 
actually 
 > happened, but we were not in it. 
 > 
  > In the case of the municipality, there is a confirmation document 
with 
 > the 
 > terms of the gig, not exactly a contract, but similar. So we have 
 > decided to 
 > start requiring contracts with a cancellation clause of corporate 
 > customers. 
  > The first opportunity to test this came with our recent (wonderful) 
gig 
 > in 
  > the Old City -- a series of 3 performances. We submitted our 
document 
 > with 
 > price quote and terms, including a cancellation clause, and the 
 > confirmation 
 > came back as submitted, but without the confirmation clause. When we 
 > inquired about the deletion of the clause, we were told that "they 
 > don't do 
 > this". 
 > 
  > The mall cancelled us 2 days before a show, after we had advertised 
and 
  > invited many people who it is impossible to uninvite them. No 
apology, 
 > no 
  > cancellation fee, no offer to rebook at another date ... nothing. 
They 
 > just 
  > decided not to have the show. I was livid, but my younger partner 
was 
  > handling the negotiations on that one, so I was not in the loop. I 
would 
  > have asked them what if we called them 2 days before the show and 
said 
 > we've 
 > decided not to come!? 
 > 
  > In most cases, corporate clients tell us they don't do advance 
deposits 
 > and 
  > cancellation clauses, and then all we can do is take or leave the 
job. 
 > On 
 > rare occasions a corporate customer has actually asked for a bill in 
  > advance, and either paid us in advance or had a check ready at the 
gig. 
 > But 
  > the usual practice here is for payment to be made 1 to 3 months 
after 
 > the 
 > gig. 
 > 
 > Anyone have some experience or wisdom to offer on this one? 
 > 
 > Thanks, 
 > 
 > Elazar 
 > Dr. Jazz Dixieland Band 
 > Tekiya Trumpet Ensemble 
 > Jerusalem, Israel 
 > www.israel.net/ministry-of-jazz 
 > +972-2-679-2537 
 > 
 > 
 > _______________________________________________ 
 > Dixielandjazz mailing list 
 > Dixielandjazz at ml.islandnet.com 
 > http://ml.islandnet.com/mailman/listinfo/dixielandjazz 
 > 
 > 
  > 
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