non disparagement contract

[Phantom]

Seeking Members input .Restoration shop wants me to sign one to work on my car.Car is 71 Cuda.Good thing or bad thing?

 

[340challconvert]

I would not agree to that.
You would be giving up a basic consumer right to hold the shop accountable for their actions and quality of work.
Frankly it would make me worry why it would be necessary?
I would check the shops ratings on line (BBB and other consumer ratings)
Ask to contact former customers for their opinion and see the shop’s previous work.
You are paying, I would think good money for what services you need and have a right to that information in order to make an informed decision.
I’m do know that it is always a good practice to be visible and visit the shop frequently to monitor progress.
Where are your protections?
Make sure you clearly define what you want done and to what level in a contract with a time frame included.
This shop doesn’t sound trustworthy or promising IMO?

 

[Phantom]

Thanks for your input 340.This is coming from a well known shop to everyone on here and involves going back to correct work that was substandard that he advertises and preaches should be done one way, than turns around and does it himself.I feel he should just fix the car without making me sign something I don't feel comfortable with.

 

[aussiemark]

Sounds strange normally you should get a written quote with a description of what will be done that way if there are any problems that cause delays they have to notify you before proceeding otherwise the cost will be the same this helps avoid the blank cheque scenario

 

[Phantom]

They have agreed to do the corrections at no charge, but insist on me signing the non disparagement contract.

 

[John Rimel]

Nope, don’t sign. Hold their feet to the fire.

 

[moparlee]

What is the description of the re-work to be done?

 

[Phantom]

moparlee,the work is fitment of body panels,waterleaks from cowl area to passenger floor, window gaps up to 1/2 ,rubber boots installed incorrectly,some wiring issues and Assembly Line markings not installed.Its not a ton of work.It is the contract thing that is most bothersome that we are stuck on and I am seeking opinions on weather to go along with and also for others info if any members are faced with the same thing.

 

[71RT383]

A reputable shop (especially one with a quality based reputation) SHOULD be honorable to take care of their work correctly the first time, as that is what they were paid for.
Sometimes things may arise after the fact, however that is where a stand-up owner/shop will do what they should have done along the original work order, and make it right.
Possibly another member more versed with contractual, service related documents can add.
Perhaps running it by a Legal Dept, for example the Attorney General (within your state and or other state if car is in different location), Better Business Bureau for info etc.
Look into writing the phrase ,"Signed Under Duress" the shop probably will discourage it, although it shows that you do not agree with the terms (whether pre-written or ones that you state in writing ) as if and when other options have been exhausted.
I hope your situation gets resolved without any fanfare and you are happy with the end result.

 

[budascuda]

I had to lookup the legal definition of a "non disparagement contract".
It's amazing that some people could be so shameless as to ask for one.
If you forgive me for being up front, I must say that its a TRAP and I would loose confidence in any person/Co. who would want me to sign such a contract.
I would run out of that shop so fast that I wouldn't even care if the door hit me on the way out.
Things can always get settled in court (if you have the time) or just pay a different shop to finish the work, satisfactorily, and consider yourself lucky that you didn't have to go toe to toe with someone who was, lets say, unpleasant.
My humble opinion!

 

[Phantom]

A reputable shop (especially one with a quality based reputation) SHOULD be honorable to take care of their work correctly the first time, as that is what they were paid for.
Sometimes things may arise after the fact, however that is where a stand-up owner/shop will do what they should have done along the original work order, and make it right.
Possibly another member more versed with contractual, service related documents can add.
Perhaps running it by a Legal Dept, for example the Attorney General (within your state and or other state if car is in different location), Better Business Bureau for info etc.
Look into writing the phrase ,"Signed Under Duress" the shop probably will discourage it, although it shows that you do not agree with the terms (whether pre-written or ones that you state in writing ) as if and when other options have been exhausted.
I hope your situation gets resolved without any fanfare and you are happy with the end result.

Thanks 71,,High Hopes Here!

 

[Phantom]

I had to lookup the legal definition of a "non disparagement contract".
It's amazing that some people could be so shameless as to ask for one.
If you forgive me for being up front, I must say that its a TRAP and I would loose confidence in any person/Co. who would want me to sign such a contract.
I would run out of that shop so fast that I wouldn't even care if the door hit me on the way out.
Things can always get settled in court (if you have the time) or just pay a different shop to finish the work, satisfactorily, and consider yourself lucky that you didn't have to go toe to toe with someone who was, lets say, unpleasant.
My humble opinion!

Amen Bud,,amen.

 

[71RT383]

Very welcome. You paid for a service and deserve it satisfactorily completed!
Reasonable and customary is to receive what you paid for.
Still would reach out to the agencies listed earlier for added info.if need be.
Keep us posted.

 

[Phantom]

To all Members who Kindly gave their input.Your opinions were seen and I believe is allowing me to tell you the issue has been put to bed and repairs are to be completed hassle free without any extra contract signed and I have it in writing.Car is scheduled to be picked up and delivered at no cost also so looks and sounds good at the moment.I thank all who took time and I will keep all of you posted as to the outcome.Good Day all.

 

[340challconvert]

GREAT!

 

[71RT383]

That's great and glad it got settled in your favor !x2

 

[susanrae]

Seeking Members input .Restoration shop wants me to sign one to work on my car.Car is 71 Cuda.Good thing or bad thing?

Do not sign it! It would not matter how badly the shop screws up, you can not say anything bad about them. Unfortunately, there are way too many shoddy shops out there, and even the good ones can screw up royally. I got my 383 Challenger back from a shop that came highly recommended after an engine, tranny, and rearend overhaul. The car sounded like a Chevy and ran like crap. My mpg went from 12 to 8 and three months later my rearend fell apart completely while I was driving it. I found a local mopar guru that specializes in trannys and rearends (ok folks, no off-color jokes here) and in less than two months my Challenger is running like a dream. He fixed the tranny leaks, put in a new-old rearend and found only two barrels of my carbureator were getting fuel. I now get 15 mpg. The first shop screwed up royally and believe me, I let all my friends know it.

 

[CMC]

As a Mediator I have resolved these disputes in different ways. When someone says "Non-Disparagement", they mean that they don't want you to talk badly about them.

BUT here's the thing. EVEN IF you did sign such a contract, you are ALWAYS FREE to tell the truth.

If the shop wants to come after you for breach of that non-disparagement clause, then its basically a defamation type action where they say your remarks were libel or slander. TRUTH is 100% defense to that claim.

So, in the end, the question that has to be answered is whether your remarks or statements were TRUE? Can you justify your opinion.

And, of course, it also depends on the language in the non-disparagement clause.

Every case is different. Normally, I would recommend NOT signing such a clause; especially after the work was already performed. What extra work or service is the shop giving YOU to sing this extra condition that YOU have to honor??

If they do the work according to industry standard, then there is no need for such a clause, in my opinion.

CMC

 

[seneca]

Phantom,
I hope for your sake that this works out for you and all is well. I've just got a feeling we'll be hearing from you about other issues cropping up. Best of luck!!!!

 

[Phantom]

Cmc and Seneca.Thanks for your input.I had to remind myself also speaking the truth can never be held against you.Not supposed to anyhow so thanks for that.Honoring the original contract and having the correction work completed was not going to be a problem.That extra contract just rubbed me the wrong way as it did to yourselves and other Members also.Having hopeful thoughts at the moment waiting for the Carrier to contact me about pickup.I will post about the progress ,good or bad.Good day all.