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Would it not be an idea to compile a list of standard disclaimer notices for trade subscribers (or any trade member even?) to download?
In this day and age where the ‘compensation culture’ is rampant in all aspects of daily life. All the more reason we in this trade should safeguard our interests whenever and wherever we can against potential legal issues arising during our normal daily business activities.
For example, the most frequent hurdle many of us face daily is the likelyhood of damaging someones property or contents by simply trying to repair their appliance in the kitchen. Sometimes even stepping over the threshold and entering customers properties can be frought with potential dangers of someone suing us just for the hell of it!
Whilst the potential claimants would have to prove each and every transgression in a court of law. Very often the judgement is returned in their favour. Even if the issue doesn’t reach the courts but is simply dealt with through your personal liability insurers, the insurers will often take the easy route by admitting guilt and paying out on your behalf. Leaving you with a hefty excess premium to pay, a claims record and an increased renewal premium later.
It’s a wicked world we live in these days and there are many people who take great pleasure in screwing people for all they can get. Many make a career out of it and the trouble is they are not easily identified. They don’t have ‘touch that and I’ll sue’ stamped on their foreheads. So it’s best to assume everyone out their could be a potential problem.
On the other hand they may not be a party to that culture but instead find themselves forced into that position by your careless actions. And here is where my point about disclaimer notices would help alleviate this more frequent of occurances. By listing various typical scenarios we could create a useful list of disclaimers that your customer would need to sign before any work or continuation of work was carried out. And I am not suggesting these be some form of ‘cop-out’ to barge in and do bodged up repair work once the customer has signed on the dotted line either. But simply creating a legal precedent to allow work to continue with a greater degree of immunity from legal consequences should issues of damage arise?
Owing to the various products and services we each provide the list could be quite large to cover most typical examples. But nevertheless would be a useful framework for members to download and put in place to suit themselves. Again another example….
In order for our engineer to repair your machine, he needs full and easy access to the stop-taps and plumbing. Initial inspection by our engineer has found that is not possible for the following reasons……(engineer to fill in)………………………………………. For work to proceed therefore may result in damage to fittings and fixings beyond his overall control. If you wish the work to proceed you must fully accept liability for his actions and sign below to that effect.
and…..
In order for our engineer to repair your refrigerator, the contents will first need to be removed and stored safely. We therefore have no responsibility for any loss or damage for items left in the appliance whilst work is in progress. By allowing our engineer to remove the contents, you accept sole responsibility for any loss or damage to them….please sign below.
and……In order for our engineer to repair your machine it will require removal of certain items of kitchen furniture, fitting, fixings, floor coverings, electrical fitting and/or fixings. We do not accept any responsibility for damage that may result from such actions and will only proceed with any work provided you fully accept liability by signing below…..
and so on, I’m sure there are many anomolies that can be added to create a useful framework for us all to benefit?😉 I anyone is fully conversant with the legal profession and can help in this project, I’m sure that would be a great help? 😉
Thoughts please? 🙂
Many years ago I was told by a lawyer that disclaimers of this manner were not acceptable in a court. In other words, useless and a waste of time and paper.
K.
kwatt wrote:Many years ago I was told by a lawyer that disclaimers of this manner were not acceptable in a court.
Perhaps now then it’s time we looked into that aspect again as the laws do change and are up-dated from time to time. Anyone know a good lawyer? 💡
Besides, in many and most instances the mere act of customers signing such documents is sufficient detterent for them taking legal advice or action anyway, I would venture to suggest? 😉
Re: Disclaimer downloads?
The argument goes, from memory…
If you get a consumer to sign a disclaimer basically gives the trader a “get out of jail free” card meaning that they can then be as negligent as they like as there are now no concequences in the way to them. So, after signing, usually under duress as the job needs doing there and then, the customer doesn’t realise what they have done, only seeking to remedy the situation as quickly as possible and willing to accept some risk to achieve that.
Should then something go horribly wrong then teh argument would be that the customer signed under duress and did not realise the implications of the disclaimer.
Very easy to argue.
Additionally, any disclaimer cannot remove the basic rights of the consumer under the Sale Of Good Act which plainly states, as well you know, that goods and services must be of a reasonable standard. It does not offer a “unless otherwise stated clause”.
I wouldn’t like to argue the point as I think you’d be on a hiding to nothing.
K.
Re: Disclaimer downloads?
Oh darn…….I’ve just contacted my friend at Trading Standards and apparently the very subject comes within this legislation…..
The Unfair Terms in Consumer Contracts Regulations 1999 wrote:
These Regulations, which only apply to consumer contracts, say that a consumer is not bound by a standard term in a contract with a trader if that term is unfair. Examples of unfair terms would include the following:
Penalty clauses which allow the trader to claim more than their actual losses when a consumer breaches the contract.
Terms which are unclear or unintelligible.
Terms which exclude liability for breach of contract.
Terms which deny the consumer their statutory rights if they do not comply with formalities as to the time or manner of making the claim (e.g. making a complaint in writing by recorded delivery).
Giving the trader the right of final decision in a dispute.
The Regulations do not apply to terms negotiated with individual consumers, nor do they apply to the core subject matter of the contract (such as the description of the goods/services, and the price).
Hey ho!….Just a passing thought…..back to the drawingboard methinks :rolls:
Re: Disclaimer downloads?
Hi All
In relation to this I have a policy that is IF the customers property is likely to be damaged in any way what so ever I advise the customer will have to move the appliance for access or in the case of cooker hoods which are siloconed they will have to cut and remove the silocone.
In the case of built in appliances that have been badely fitted I tell them to get the fitters out to remove and then we’ll come back and repair but they are charged for the call that we cannot complete due to ill installation.
Yep I know I’m a hard nosed B{e5d1b7155a01ef1f3b9c9968eaba33524ee81600d00d4be2b4d93ac2e58cec2d}^&”*d but I didnt fit it so why should I have to pay up for the cowboy fitters.
Bryan
Re: Disclaimer downloads?
Tell me this then……..You get to a call to fix a integrated washer, the stop-cocks are behind a waste disposal unit (that was fitted later by someone)….you cannot in any way get to those stop cocks to turn off the supply or access the drain hose coupling. The kitchen company that installed it has gone bust, the plumber that fitted the waste disposal unit has legged it too. The customer cannot turn to anyone else to resolve her problem except you, who has turned up and is faced with this situation?
What do you do? You can fuff and fart around to take the waste disposal motor out of the way, you can turn the mains water off and get access to the hot water stop cock in the airing cupboard. ….you can in fact sort out her problem there and then (at a price) ..
BUT….what if something goes wrong in your meaningful efforts to fix the appliance?
Well apparently…..the proverbial will hit the fan and you and your good intentions are up the creek without a paddle or pot to pee in…..
…and don’t even think of scribbling out a DISCLAIMER….!!!Christ don’t do that!………Just walk away….we can help but sod it lady I’m off!!!! 👿 👿 👿
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