I don't speak legalese...

[Ryan Mazzocco]

I'm getting ready to start my my first real commissioned guitar for someone besides just a buddy or relative. I need to draw up a contract but don't really know how to proceed. Would anyone be willing to offer up your your contracts for viewing so I can see some good examples of the things that should be included, the wording, etc...

[Eric Baack]

I'm curious on this one too. I've got a potential commissioned guitar build hopefully coming up

[Gordon Bellerose]

If you go to one of the major guitar manufacturers web sites and look at the warranty, you can get a pretty good idea of what is required.

[Dave Weir]

I've been selling a couple guitars a month for a few years now. I never even thought about a contract. We agree on the price and the specs and I build it. I send them the pics and a sound clip if they want. If it meets their approval, they buy it. If not, someone else will. I've only had one cancel, and it was more a financial hardship than anything.

I've bought three back for full price. One guy said he couldn't play any more because of an injury, one guy thought it was too heavy. One guy bought a left handed guitar but then remembered he only played acoustics left handed, and played electrics right handed. True Story! After I refunded his money, he bought a Righty.

I provide a life of maker warranty.

I kind of like that they are under no obligation, and the pressure is all on me.
If I was trying to make a living doing this, I'd probably have to re-think this strategy. But for me it's more like a positive cash flow hobby.

[Barry Daniels]

It only takes one really problematic client to take all the joy out of building. I definitely advise setting up a contract to protect yourself from these types. Unfortunately, there are a lot of people out there that take joy in screwing over other people. It's just a matter of time until you encounter them. I guess I was unlucky because I had one as my second client back in the 70's and I have had a few more over the years.

I think a lifetime warranty is unrealistic. Many of the big brands offer much less. And it needs to be explicitly spelled out what is covered.

[Jason Rodgers]

I tried starting out reading through info pages about warranties on the Small Business Administration site. Even though they try to give a lay explanation, it's easy to feel overwhelmed as the terms start piling up. I learned enough, though, to understand a warranty when looking at a good example. For those examples, I went to the websites of luthiers I admire and did some cutting and pasting to get all the right sections to cover all the bases.

Probably the most important part of a warranty is spelling out exactly what it does and does not cover (e.g., faulty workmanship, yes; normal wear and tear, no), the time-frame, and what actions would void the warranty. As mentioned above, it only takes one person in this age of social media and forums to go on a rant to put a dent (or total) your reputation. I particularly like how Perry Ormsby has put a clause in his warranty to attempt to cover this: Warranty is void if, "Any faults, defects or issues are reported publicly via social media, forums, blog posts, or announcements, prior to allowing us to inspect the instrument." Smart.

[David King]

Getting a guitar back that's been butchered by a "luthier" during a modification or repair attempt is pretty depressing, having to reconstruct it for free is worse. Be explicit, don't worry about legalese. An enforceable contract need be nothing more than an email with a reply attached. A lot of the legal game is a matter of bluffing that you have the resources to take a matter "all the way" even when you don't. Filing a small claims court claim is usually pretty reasonable but depending on the state you live in may limit you to a small fraction of what you are actually owed.
As for a warrantee, make it very strict and then offer to go above and beyond as the case warrants.
Better to know your client first and if they are from out of state I always start by googling them just to see what pops up. I'm member of a group of bass builders that maintains a "Red flag" list of troublesome customers whom none of us will ever do business with. That has saved our collective asses more times than I can tell you.

[Clay Schaeffer]

Sometimes it's nice not to have a contract.
If I build an instrument for someone, it's on a first refusal basis. If they like the finished product they can buy it, if they don't that's fine too. I don't build anything I don't want to build, and build with materials I have on hand. I don't offer a warranty, but if I think they have a legitimate complaint I will resolve it to the best of my abilities. Part of the fun of being an hobbyist is being independently independent.

[Stephen Neal Saqui]

My early guitars were all on a handshake, but here is my bottom line:

Instruments made by Stephen Neal Saqui, Saqui Guitars and/or Salmon River Guitars are warranted against defects in materials and workmanship to the original owner during the working life of the maker. Damage due to reasonable wear and tear, abuse, neglect, extremes of temperature or humidity, or natural disaster is not covered. Periodic maintenance is the responsibility of the owner and is a condition of warranty. Repairs or alterations not performed by Stephen Neal Saqui, Saqui Guitars and/or Salmon River Guitars risk cancellation of this warranty.

[Karl Hoyt]

My approach to this, which has yielded only one return/refund is to have a series of phone or e-mail discussions about specs. Then I write up a 'formal' spec sheet outlining all the materials/hardware/electronics/finish/etc. Iindicate the price, down payment required, and estimated date of delivery. I either snail mail or electronically deliver this to the commissioner, and work starts when I receive the deposit. I have the luxury of building instruments based almost entirely on word of mouth referrals, (or second or third instruments from the same person) so we are already 'friends of friends' when the inquiry starts. By the time the emails have settled down and I write the spec sheet, I already have a good idea about the person's needs, likes etc.

The one place I depart from higher volume builders is that I don't indicate that the down payment is non refundable. The reason is , if I end up having a pain in the butt client, I like having the 'out' of telling the person that I'm refunding the deposit and terminating the build. I've only had to do that once as well. The unfinished guitar (electric bass) was sold before the check made it back to the pain in the butt person who commissioned it. Win/win.

Being retired and in my early 60's I want to emphasize the fun part of luthiery and not deal with tire kickers, kids or rookie players (who constantly want to change the specs on whatever they commissioned) or obnoxious people. So Far (I sold my first guitar in about 1987) so good.

Karl