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What disclaimers do you have to cover yourselves?
Hi everyone,
After reading a few posts here, it makes me wonder what disclaimers do you have to cover yourselves, i.e. for shoddy paintwork, copyright etc.
We are asked quite frequently by our clients for verbal quotes, how would you cover yourselves in this case? We find it amazing how people are always in a rush for decals, and can not wait for written quotes.
It seems that allot of our clients seem to want decals the same day/week. In any case we always try to get everything in writing, but there have been times that we have not been able to do this. we are looking at trying to address this somehow.
By putting a disclaimer does that really cover you in a court of law?
Would you insurance company expect us to have disclaimers?
Be interesting to see what people think.
Regards
Silvio
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2 Replies
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Disclaimers are a minefield, they are not regognised in a court of law.
Due care, negligence, fit for purpose, trade discription etc all over ride any disclaimer.
Any "disclaimer" should only be be regarded as consumer advice, which in a court of law may help, but you cannot for instance have a disclaimer that resolves you from blame if the product was faulty or you are negligent.If for instance you wrote a disclaimer saying "No responsibility accepted for damage to vehicles whilst on our premises" and one of your employees backed a fork lift into a customers van, you certainly WOULD be liable, and in a court you would probably be found to have been negligent.
It depends on why you need a disclaimer, if its to cover you for someone using a mickey mouse number plate, again a disclaimer is not sufficient.
In a nut shell you cannot avoid the law by disclaiming anything.As for quotes to supply it’s the terms and conditions of any contract that matter (written or verbal) but generally speaking, if the client says he needs the item by Friday (time is of the essence) and you do not produce it by Friday, then you have broken the contract.
You cannot have a disclaimer saying if you do not stick to a contract you are not responsible. However if something goes wrong that prevents you fulfilling the contract, in a court of law they would look at the circumstances, and decide if your actions were fair and reasonable under the circumstances.
Peter
Peter
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Hi Peter,
Thanks for the advise, it is interesting as I thought that this would be taken into consideration in a court of law.
Many thanks
Silvio
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