Official Luthiers Forum!

"Draft Commission Agreement"

This is a document intended to make clear the basic obligations of the agreement between Client and Maker to build and supply an instrument.

I, -------------, agree to supply a guitar built to the underneath specifications sheet (A) as requested by the Client, --------------.
The Client undertakes to Pay the sums agreed in the quotation underneath (B)

Every hand-crafted product or item including stringed instruments will show evidence of the hands of the craftsman being used throughout the process of creating it.
The results that are possible to achieve in a large and automated production shop should not be expected (and are typically not desired when commissioning a custom guitar) to be crafted by an individual Maker.
Having seen and played examples of the instruments built by the Maker, the Client has deemed his work as of sufficient quality to commission one himself, and the Maker undertakes to provide an instrument of that at least that quality or better.
Any time estimate to complete the build is just that, an estimate, and is subject to change and unforeseen circumstances.

In the event that the need or desire to cancel an order should arise, cancellation of a guitar once
started will be effective immediately upon notice by the Client to the Maker and will be
irreversible.
The Maker will acknowledge the cancellation to the customer in writing.
The guitar will continue to be built at its original pace. Upon completion, the guitar will be offered for sale and as being available immediately in a manner of the Maker's choice. When the instrument is sold, the customer original deposits will be refunded in with the exception of a processing fee of 25% of the originally quoted total price.
Additional fee charges will be withheld from any refund as the result of an order cancellation on
a guitar of a personal or highly customized nature and those fees will be determined by the
amount of additional work that is required for resale, if possible, by the Maker.

Clients purchasing an instrument shall have a three day review period. If you are dissatisfied with your guitar you have three days from the time you received the instrument to contact me. Please contact me before you do anything else.
Returns without my authorization will be refused. Client is responsible for the returned instrument until it has been received and inspected by me. Client will pay all shipping costs and be charged for any damages/repairs.
Same terms and conditions shall apply as a cancelled order.

I understand the guitar will be built according to the attached Specification Sheet. Any changes will possibly result in an increase in the total cost of the guitar.
I also understand the conditions of the commissioning a guitar from Colin North and the conditions of cancellation of any order.
I understand that all dates are estimates for the completion of both individual steps in the building process and the entire guitars construction.
By submitting a 1/3rd deposit with this signed commissioning agreement, I initiate the order to be filled.
I understand that the instrument being built will be covered by a 5 year warranty against defects in materials and workmanship by the Maker to the original purchaser of the instrument.
I have read and understand the terms of that warranty and the Maker assumes responsibility to honour them as part of this agreement.
One third of the of the quoted total price price is due upon the beginning of construction, and the remaining two thirds is to be paid, in addition to any shipping costs and charges upon completion of the instrument by the Maker.



Date

-----------------

(Signed)

Date

-----------------

(Signed)

Every hand-crafted product or item including stringed instruments will show evidence of the hands of the craftsman being used throughout the process of creating it.
The results that are possible to achieve in a large and automated production shop should not be expected (and are typically not desired when commissioning a custom guitar) to be crafted by an individual Maker.
Having seen and played examples of the instruments built by the Maker, the Client has deemed his work as of sufficient quality to commission one himself, and the Maker undertakes to provide an instrument of that at least that quality or better.

I fail to see the purpose of this paragraph -- why create this box?

Just my opinion.

If I were you, I would add more information about what happens if they accept the guitar. In other words, what exactly is your warranty? I would give specific warranty warnings about relative humidity.

Well Colin --- it is/was not obvious -- its a disclaimer for perceived poor quality work? Never really heard of such a clause.

I'll drop out of the conversation -- I would never do another commission anyway, this seems like another reason to avoid them.

Clients purchasing an instrument shall have a three review period.

Assuming you meant "a three day review period."

I fail to see the purpose of this paragraph -- why create this box?

Just my opinion.

Personally I don't really like commissions although I have 3 to get going on. If I can't do them on a handshake I don't do them. Do you really want to be dealing with people that require a legal document to build them a guitar? I guess it would depend on your market. I'd want to tack on an extra grand or 2 just for the potential hassles.

Don remind me to tell you my attorney jokes some time.... I spent my life with attorneys in tow every where I went and they told me lots of very cool jokes! Part of the life of a corporate BD contracts guy for sure.

The only law firm I can recommend in Scotland is a big one, which might not be what you are looking for, but here it is: Maclay Murray and Spens, LLP. They have offices in Edinburgh, Glasgow and Aberdeen. Maybe if they cannot help you, they can point you in the right direction. You can tell them that a lawyer from Spilman Thomas & Battle, PLLC in Charleston, WV, USA gave you their name. Our firms are part of a worldwide referral network called Lex Mundi.

Do you now or have any visions of making guitar building a full-time venture for your sole means of income?

Maybe if you reworded it but it does sound like a disclaimer for poor workmanship. Personally I don't really like commissions although I have 3 to get going on. If I can't do them on a handshake I don't do them. Do you really want to be dealing with people that require a legal document to build them a guitar? I guess it would depend on your market. I'd want to tack on an extra grand or 2 just for the potential hassles.

Do you now or have any visions of making guitar building a full-time venture for your sole means of income?

Do you now or have any visions of making guitar building a full-time venture for your sole means of income?

God no!!! I enjoy it too much and besides, I have a family to feed.

No.

God no!!! I enjoy it too much and besides, I have a family to feed.

I live quite close by Aberdeen

I was in your beautiful country for a few weeks in the summer of 2013, right when Andy Murray won Wimbledon. There was a heat wave for those few weeks. Never made it to Aberdeen, but I saw lots of wonderful things everywhere else. If there is a more spectacular view in the world than Glencoe on a sunny day, I have not found it.

I'm sure I don't have to tell you how litigious our society has become.

If I can't do them on a handshake I don't do them. Do you really want to be dealing with people that require a legal document to build them a guitar?