[Chris R]

Hi,
Can anyone give me/us an example of the correct (legal?) wording that we should use on a disclaimer? I mean the type of thing that you would get a customer to sign before cleaning an item that is likely to be damaged in the cleaning process.
Thanks
Chris

[adl]

forget the disclaimer, if it is going to be damaged during the cleaning process LEAVE IT ALONE!
regards dave

[Martin_Riley]

I agree, if its likely to get damaged I'd walk away. You need to realise that a job is not profitable if it makes you £100 but you have to pay a £200 insurance excess if it goes wrong. Hope this helps
Martin

[strakercleaning]

I often get asked to try 'ONE MORE TIME' on a mark that will not remove. I have some slips printed that make the client take responsibility for any damage that may occur. They normally say 'dont worry about it' when you explain the consequence
They are in van, so will scan into pc tomorrow and post.

[Chris R]

Thanks Chris (Straker)
It is my understanding from reading postings on this board that many carpet cleaners use a disclaimer to protect themselves at times whe they are unsure of the possible results or outcome of a particular cleaning situtation. I just wondered if anyone had ever had one drawn up by a solicitor, and if they might consider sharing the info with the rest of us?
Thanks again
Chris

[Derek]

Hi

There are many disclaimers floating around but in essence they are not really worth a lot and some of the wording that is used can leave you in an even worse situation.

In over thirty years I have NEVER used a disclaimer prefering to assess and thoroughly qualify (in writing) prior to doing any work on the item.

This seems to work for me and certainly promotes a more professional image.

Don't be 'bullied' by the customer into doing something that could eventually rebound on you...it ain't worth it!

Cheers
Derek

[strakercleaning]

Chris, This is that i produce when clients try to 'encourage/bully' me into further attempts to remove fixed stains. Explain the consequence to them and they usually stop asking

[strakercleaning]

Sorry but the transfer has reduced in size. Email me and i will mail back full size copy.

[Dynafoam]

Chris,

Derek has, as usual, uttered the wise words of a seasoned professional !

Perhaps the safest disclaimer is to simply say " In my considered oppinion the posibility of worsening the situation by proceeding are such that it would be unprofessional of me to do so."

This said, there have been many occasions where I have proceeded beyond the point of wisdom.

On these occasions it has always been based on not only I disagreeement of the technicalities of the task, but my judgement and knowlege of the client, and with the client fully informed of the risks involved.

So far this has not backfired on me, but  on some of these occasions I could not honestly say how much luck entered the equasion. From a commercial point of view, many of these decisions to proceed were wrong.

As Derek has pointed out, many disclaimers issued would, if tested in court, be declared 'unfair conditions of contract'.

By not proceeding you may be branded "The man who couldn't get the stain out", which is infinately better than "The man who ruined my carpet - but I made him pay for it"

On the other hand if the customer understands the reasons you refused, in doing so you can earn the customers' respect.

John.

[strakercleaning]

Chris, My insurance waiver is probably not worth the paper it's written on, when it comes to court. The sole intention of it is to dissuade customer from making me have futile goes at a fixed mark. Wasting my time and effort doing 2nd/3rd go, NO.................show waiver, ask for signature and wait for the.....................O just leave it then, if thats all that will come out without damaging it.  
Saves a lot of explaining repeatedly and means i get paid and recommended in the future.

[Derek]

Chris

Normally I complete all the relevant details on a survey form but I do not ask a customer to sign. On the rare occasions when serious problems are encountered I will go away and write to the customer in detail explaining the for's and against's plus alternatives...
I then, if there is an alternative, ask the customer to put their instructions to go ahead in writing based on the information I have given.

Cheers
Derek