Home › Forums › General Trade Forum › DAMAGE WAIVER FORM
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funkyboogy.
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March 10, 2012 at 10:40 am #68361
funkyboogy
Participanti know their not supposed to worth anything etc – but does anyone have/or use them ,
if so could you email me a copy
cheers ally
March 10, 2012 at 11:58 am #370751kwatt
KeymasterDAMAGE WAIVER FORM
We looked at this before and were told that a judge would take the view that you should know what you’re doing as you claim to be a professional and therefore you should know when there’s a risk and walk away.
Using that logic a waiver wouldn’t protect you at all.
What I was told was that if you got the customer to sign something that acknowledged you had explained any risk it might save you, might not.
In other words, where you detect a problem and potential risk the best advice is to walk away.
Where you get caught out, tough basically.
But, there’s ways to combat some of the stupid claims you get on occasion. 😉
K.
Sent from my iPad using Tapatalk HDMarch 10, 2012 at 1:34 pm #370752funkyboogy
ParticipantRe: DAMAGE WAIVER FORM
do tell whats the way the combat – apart from liability insurance ..
we dont really get to much hassle but recently we have had our fair share of total ars$$$$holes most with cheap shit chinese products who expect an all sing all dancing service..
threatening this that and the next thing if we dont take appliance out etc bla bla bla ..
where we do try and go the extra mile to acomadate we normally find that we get shafted by
A THE CUSTOMER
B WORK PROVIDERi just want something for the customer to actknowledge the potential hazards in the removal of their appliance
March 10, 2012 at 2:46 pm #370753kwatt
KeymasterRe: DAMAGE WAIVER FORM
The most common one is ripped lino.
First thing to do is not admit liability.
Second, ask if the lino was fitted in accordance with the manufacturers instructions. Who is the manufacturer? What range is the lino from. When was it bought? Have you got a purchase receipt? Request photos of the setting (the room showing the complete installation) and the alleged damage.
Then ask for the claim to be put in writing to you so that you can forward to your insurer if required.
Most fall on the first hurdle as all lino should be glued down, so not fitted in accordance with instruction so it rucked and ripped.
Beyond that you pick holes in the arguments.
For most you can do pretty much the same and a lot of them disappear as soon as you ask for the claim in writing with supporting evidence as there usually isn’t any and, they don’t want you to see the mucky kitchen.
But you need to buy time and research to rebut the claim, that’s the most important thing, hence the “admit to nothing” and gather evidence.
Where it’s a manufacturer etc. if they pass the claim off to you to settle then how you deal with that is up to you as a business. It is not their concern unless they wish to pay the claim or, they have provided for things like this in their contract with you.
Which is why you should always read contracts before you sign them and, preferably, have them read by someone that knows what they’re doing when it comes to commercial contracts. Don’t do it and you get shafted, you’ve only yourself to blame. 😉
But still the most effective way to avoid damage claims is, where any risk is detected, abort the call and walk away and let the customer make the appliance accessible for service.
Fighting it after the damage is done is just harder and makes everyone’s life more difficult.
K.
March 10, 2012 at 3:19 pm #370754stevebunyan
ParticipantDAMAGE WAIVER FORM
I had this in a student flat. I went straight to the letting agent, explained that I noticed a mark after I had worked on the washer but didn’t think I caused it but the students where insisting that I had. They where good about it and said at the end of there tenancy they where allowed an amount of wear and tear. Never heard any more. Now I use a big bath towel to put under the washer on vinyl floor.
Sent from Steves
iPhone using TapatalkMarch 11, 2012 at 12:04 am #370755GPservice
ParticipantRe: DAMAGE WAIVER FORM
I use a sheet of hardboard about £3 from b&q really protects the floor, touch wood no damage as yet ! Makes it much Easyier to pull the machine out.
March 11, 2012 at 2:51 am #370756rolf
ParticipantRe: DAMAGE WAIVER FORM
A bit of washing up liquid does me . As for walking away from jobs is sometimes easier to say than do . For instance I have a customer who has a Hotpoint wm blah blah , whos machine is installed with copper pipes running under the machine and pulled out onto lino .
I have a nightmare getting the machine out but ive had that machine out at least six times …..kerching .Whenever she phones a cold shudder runs down my spine , but first sight of trouble I get the customer involved and it’s upto them if I progress. If I ever did rip lino which I never have,,,,,to the customers knowlege that is….I could not give them that lot of tosh Mr K . I would hold my hands up in the air and hand over my policy number.
Taxi for RolfMarch 14, 2012 at 2:57 pm #370757kwatt
KeymasterRe: DAMAGE WAIVER FORM
The problem is rolf, I have never seen a claim yet from a customer that’s paying for their own repair. See loads from contracts though as, I think, the punters think they’re claiming a big company and it’s no odds.
Anyway, got one today landed on me. 🙁
As an example here was the reply…
kwatt wrote: Dear Ms. *********,
Further to your letter of 9th March I have investigated your claim that damage was caused by this company to your kitchen flooring.
In the first instance I would point out that the flooring was already damaged before any work was commenced and there was considerable signs of water damage with edges of the laminate lifting. Whether this was caused by your washing machine or not we cannot determine for certain but it is entirely possible that this has weakened the underside of the laminate flooring.
There was also already damage to the flooring in evidence and, recorded by the engineer before work was commenced. It is also fair to say that this is not new flooring therefore some wear and tear is to be expected.
To hold this company responsible for wear and tear or damage caused by other factors that led to any further degradation in your flooring is, we feel, unreasonable. We would also point out that to expect our company to pay for a completely new floor covering in place of an old one that had already suffered wear and tear is also unreasonable.
Given these facts we do not accept that this is a valid claim for damage and that every possible precaution was taken to prevent any damage by our company. We will therefore not accept this as a valid claim for damage.
Your sincerely
DAG customer, old laminate floor that’s turning up at the edges that went in with the kitchen some years ago but she thinks we’re gonna splash out £550-750 on a new floor for her. That ain’t happening.
If she’d asked for a contribution in proportion to the original cost and age she’d have had a chance, maybe.
Typical, first one I’ve had in years so it must be Ally’s fault for mentioning it! 😉
K.
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