Thursday, January 22, 2015

The Contract

What would I expect to see in a contract for spinning services? A checklist might include:

  1. A plain text description of the situation where Weaver seeks spinning services from Spinner and Spinner  agrees within  the limits of the contract.
  2. Place of contract formation/  jurisdiction for laws under which the contract will be interpreted.
  3. The nature of the relationship between Weaver and Spinner, whether employee or contractor, and the responsibility for reporting income.
  4. Statement as to whether contract is for one task, or an ongoing task order agreement is intended.
  5. Scope of the task(s)
  6. fiber for yarn: material, source, preparation
  7. grist of yarn to be produced
  8. twist of  yarn
  9. fiber rachet
  10. style of yarn (woolen, worsted, other, other other)
  11. Spinning process, and spinning tools to be used/ place where work will be performed/ appropriate permits to be obtained and maintained
  12. Spinning technique to be used, and designated spinner if appropriate.
  13. Use of subcontractors.
  14. Verification of performance, eg lab measurement of yarn, and tests to be used.
  15. Disposition of off-specification materials including liquidated damages for fiber owned by Weaver and damaged by spinner.
  16. Additional fiber prep services such as washing, combing, carding, dying, oiling included, or excluded
  17. All hazardous materials used by Spinner remain property of spinner. Good faith RCRA waste minimization  and pollution prevention efforts by all parties.
  18. OSHA compliance and good faith use of ergonomic practices by all parties. 
  19. Yarn finishing operations services such as blocking, washing, dying included, or excluded
  20. Yarn  packaging and shipping services included, or excluded
  21. Procurement and shipping of fiber, responsibility for scope and payment to 3d parties
  22. How all services are priced, eg by man hour, unit of production, flat price, cost plus and etc.
  23. Detailed schedule of production 
  24. Detailed schedule of  payment
  25. Performance bonds and insurance by Spinner including liquidated damages where Weaver misses contractual deadline due to delay by Spinner.
  26. Payment bonds and letters of credit by Weaver
  27. How disagreements will be resolved (arbitration, court action)
  28. Authority of both signatories to sign contract
  29. Signature block 


Ruth B said...

Thanks for the laugh, Aaron. Your latest blog post is the best joke I've seen all day.

I'm sure spinners of the Renaissance hired attorneys and wrote up detailed contracts just as you describe, including OSHA requirements. Oh, wait. OSHA didn't exist back then? Well, I guess maybe you'll have to figure out how to reverse engineer that, too.

Oh, and lest you think I'm trying to con you out of fiber, let me assure you that we have a sufficiency of excellent sheep and fiber local to where I live. I have no need of yours.

Still afraid to publish comments which prove that you've blown it, I see. Not to worry. Your blog does that all by itself.

Aaron said...

The medicis wrote did write very good contracts addressing issues that I did not list.

A booth at a fiber show, a 3-fold brochure and a 1-page sales order can address most of the check point in my checklist in enough detail for a small retail transaction.

I think such a check list should be considered as one prepares the booth display and the brochure.

And I do think you would do enjoy knock me down, and thus do not trust you in any way.