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scholl

  • Posts: 7
Disclaimers
« on: July 07, 2009, 11:05:35 am »
I'm designing some documents for my new business. Having worked in complaints for 15 years for a large carpet manufacturer I know that this business can be a minefield. What concerns to me setting out as a cleaner is liability for damage resulting from my treatments.

I can cover training and insurance, my question is about adding small print to my documents to cover myself.
   
I want to cover myself from damage to carpeting which could occur after cleaning due to a either manufacturing fault or fitting faults. Could anyone propose some small print which would be reasonable to include on quotes and invoices ?

 

robert meldrum

  • Posts: 1984
Re: Disclaimers
« Reply #1 on: July 07, 2009, 11:36:59 am »
In a sense what you're suggesting makes sense, but.................if you raise negative issues when selling a service you might struggle to sell that service.

There ARE potential problems, but training before you start will help you avoid most if not all of these.

I'm sure some will disagree, but if someone came to carry out work at my home and presented me with disclaimer forms I might doubt their credibility / experience and not take them on.

Unless, of course, there was a known potential problem with a particular item.

Thing is, as a service provider you will be expected to be capable of dealing with such problems or decline to take on the job as you would be unable to offer assurances / guarantees.

hotsteam

  • Posts: 425
Re: Disclaimers
« Reply #2 on: July 07, 2009, 11:46:22 am »
Where are you based I know someone that could help you Regards Hotsteam

scholl

  • Posts: 7
Re: Disclaimers
« Reply #3 on: July 07, 2009, 05:35:07 pm »
Thanks Robert ,

My concern is not some much inexperience but a indepth knowledge of commercial manufacture. I know for instance the use of the wrong fibre lubricant during production can lead to rapid re-soiling . Uneven application of stain blocker during production leads to uneven rapid re-soiling ; too much additive included during producion for say antistatic performance leads to rapid re-soiling .... size ,shape , layflat condition of a carpet tile can alter drastically after cleaning due to manufacturing problems...etc etc . As I say it not so much what I don't know that bothers me, its what I have experience off that is a concern.

Does anyone use disclaimers at all ?

Im in North Wales .

richy27

Re: Disclaimers
« Reply #4 on: July 07, 2009, 05:49:05 pm »
i have a disclaimer form which i use for occasions were for example i have gone to try to sort out another cc s mess has happened few times.  but to be honest i have a separate terms and conditions document which i present at quotation i think presenting a disclaimer could start to ring alarm bells with your custys and they could start to doubt your knowledge and experience.

 but in certain situatons it is a handy document to have at your diposal.

 but it is not a get out of jail free card you mess up then i am afraid you own the suite or carpet and thats why it is important to have the correct liabilty and product risk insurance.

with the correct training plenty about the rest is down to routine testing and not taking gambles with other peoples flooring and furniture

Richard


JS2

  • Posts: 264
Re: Disclaimers
« Reply #5 on: July 08, 2009, 06:58:03 pm »
While there is a place for reasonable disclaiming, for non-commercial clients (e.g. householders) the law tends to side with them insofar as damage to belongings is concerned, whether written in a general disclaimer or not.  If your vital pre-inspection discovers a fault then you can proceed upon getting written consent from the client as far as disclaiming that particular fault - this is reasonable.  However some faults are relatively invisible under the usual inspection and this is where experience is priceless for appreciating their existence.

Regards

Pete (JS2)

Re: Disclaimers
« Reply #6 on: July 08, 2009, 10:43:20 pm »
I can count on one hand how many times I have got a signed disclaimer in 7 years. I use it as a last resort when the treatment required could be classified as very risky. If we reach that point then it's very much the customers choice if I go ahead with what could be a do or die approach to sorting the problem.
At the end of the day I'm more than happy to walk away from a job that is their problem and not one that will become mine.