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where does the customer stand?
I supplied a customer a large dibond sign which he intended to fit himself. He was going erect small scaffolding and put it up to save on cash . One company who he had approached for scaffolding offered to put the sign up for him (another sign company) and duly erected the scaffolding and two of the sign company’s men put the dibond sign up on cladding.
6 weeks later during high winds the sign was bent through a 90 degree angle. The company had fixed it down the centre only with no fixings whatsoever around the sign. 😮
My customer asked him to come back and remove and fix the sign. The company have taken 8 weeks to go back to him only to tell him they accept no responsibility whatsoever for the damage and that they will not remove it far less repair it without charge. According to them it should not have been made from Dibond because if it was aluminium sheeting it wouldn’t have bent!!!!! 😕 He also told him that there are no guarantees with fitting a sign, if it falls off on your head then it’s not his fault………So where does the customer go from here?
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26 Replies
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Over here, if such thing were to happen (or if the sign drop) the company that install the sign will be held liable and the customer can seek compensation. However it is difficult to determine whose fault is it as in this case, it can be factor as "Act of God" which insurance will not cover.
If the customer have not signed any agreement on the part of the installation, or if the customer have not advised the installers on the installing method then i seriously doubt if the customer can do anything about it. It is quite obvious that the installer is pushing the blame away.
I will as a matter of Good Will, make another sign and put in up for the customer at a very very good price. This should bring you a very loyal customer.
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oh yes, and we should always have an signed agreement to protect all parties involved.
Jeff
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If ‘fitted as a favour’ their only recourse is civil suit against the individuals & not the company.
You were absolved of fitting responsibility the minute they took possession..and any subsequent fitting related instances.
The scaffolding company probably won’t accept liability unless money changed hands & invoices raised ie. as proof they accepted the job of fitting.
Leaves the customer high & dry, with just a small claim / solicitors letter…and a harsh lesson for trying to do things on the cheap.
Same as if you’d supplied a car / van vinyl kit and somebody’s ‘mate’ fitted it for them & subsequently it was damaged / peeled off due to incorrect fitting – not your problem – customer buys another one.
Dave
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Tell your customer that the material supplied was correct for the job and that the fitting company should be held solely responsible for the damage caused due to bad fitting. Advise him to inform this "fitting" crew that if the sign is not replaced forewith, that court action will follow due to poor workmanship on their behalf.
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Yup. Fitters to blame.
If there are photos of the bent sign with just fixings in the centre then it will be a slam-dunk in court.
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quote Dave n Rob Lowery:Tell your customer that the material supplied was correct for the job and that the fitting company should be held solely responsible for the damage caused due to bad fitting. Advise him to inform this “fitting” crew that if the sign is not replaced forewith, that court action will follow due to poor workmanship on their behalf.The customer knows the sign was OK, I told him to fight his corner with the other sign company who fitted it. Only problem ……….. he didn’t get a receipt off them 😕 He paid them £120 for 2 hours to fit it but they didn’t give him a receipt. 🙁
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He can still take court action as long as he has an address for him.
If he only knows his name and roughly where he lives but has no address,
he can probably find his address at http://www.b4usearch.comIf he has a phone number for him, it might be worth him phoning and mentioning, court, income tax inspectors, watchdog, the Kray twins or if he really wants to get him wearing brown courdroys, mention Nik & Carrie :lol1:
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Definitely the fitters to blame
If they felt the sign was poor workmanship then they should have refused to fit itI was asked to fit a projecting banner for a client who had purchased it from another sign firm.
It was a well constructed frame and I felt comfortable erecting it with M8 anchor bolts.
Otherwise if it was of questionable construction I would never have accepted the job.
At the end of the day it was me that fitted it and I would have to accept responsibility/liability for any problems thereafter
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He has a company name and address, I won’t mention the sign company name on here 😮 but suffice to say they were very off hand with the customer and didn’t want to accept any responsibility for their dodgy work!
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Fitters fault, no one else to blame. Open & shut case M’lud!
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by the sounds of it if these guys are fitting the sign then not underneath it 😀
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Hi Marcella,
Over here (Ontario, Canada), performing the installation job, even though done for free, makes the installer liable for any damages or injury. The installer also becomes responsible for replacement of sign and the proper installation. However, the main issue here is that the sign was not installed according to specification, and now there appears to be a safety issue.
At this point, the installers have demonstrated that they are avoiding responsibility. No further need to pursue installers. Instead, customer will need to file complaint with Justice of the Peace, and provide company name, address, and names of people involved. Photos would be a good idea, and a professional statement from you (Marcella) that 1) attests the quality and workmanship of the original sign, 2) states the installation that should have been performed, and 3) explains the faults of the installation that had actually been performed. Unfortunately, you might need to make an appearance in court. Using clear language in your statement may help avoid need to appear in court.
In the meantime, your customer needs to get the sign replaced. Offer to create a new sign and perform the installation at your going rate. This is important to get done to avoid safety issues (several week delays are unconscionable). The customer will need to pay you for new sign and installation. No funny business and no delays, such as waiting for court resolution. However, whatever customer ends up paying you, this is the replacement cost that customer must ask from court, and which must be paid from the installers to the customer.
Does that reassure you?
Rod
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Thanks for the reply Rod. 😀
The customer does not point any blame in my direction whatsoever, he simply approached me for advice in dealing with the fitting company. In the meantime, he has decided that he will remove the sign and try to ‘fix it’ 😕 i.e. see if he can push the dibond back into place, or as close as he can……… hopefully without it snapping. He’s nothing to lose in trying that. The sign is so high up that if it’s not perfect it won’t be that noticeable. Hopefully !
He has no money to purchase a new sign and as he is a new company he’s very reluctant to claim his insurance which is already very high as he is considered high risk due to the goods he sells (quad bikes etc). His back is against the wall basically.
But he will go out of his way to blacken their name 😀 -
Marcella
Tell him to go to the trading standards they will probably send someone out to see the sign etc. He has done nothing wrong in paying cash, receipt or not if he has too he can say he was expecting one through the post. The trading standards if they feel there is a case will look to the company to settle the matter or they can take the company too court. They sold their services which have turned out to be substandard they are still trading & fitting signs so Trading Standards may even inform H&S to have them take a look at what standard they are working too, especially if they feel that there is a accident waiting to happen.Regards trying to straightening the board a little bit of heat may help as the core is plastic composite.
Kev
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This sort of thing makes me so cross, we all know how tight money is when your starting out, Marcella made the sign I’m sure she didn’t over charge, then you get a cowboy that misfits Marcellas sign at a big price, and will not stand up to their mistake, how many people put up a sign with centre fastenings, a quick guess would be NON.
Marcella you have done nothing wrong but you feel for your customer 👿 pay them a visit with diesel and murphy 🙄Lynn
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quote Lynn:pay them a visit with diesel and murphy
Pay them a visit with diesel and a box of matches. 🙁
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I wouldn’t get involved Marcella. You’ve done your part (supplied the sign) end of story. The fitting company have implied that you are to blame by saying the sign should be aluminium but this is nonsense. Your customer is solely responsible for the arrangements he made and it’s up to him (not you) to get it resolved. Don’t feel sorry (or responsible) for him. If he needs another sign made to replace this one charge him the full rate (less design time). You’re only hearing his side of the story – there may be something else going on here that you don’t know about.
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quote Lynn:how many people put up a sign with centre fastenings, a quick guess would be NON.
I think we can safely say at least one! :lol1:
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Sign fitters must take into account severe gusts and wind factors when fixing
Leaving edges untacked is mind blowing – it staggers me that anyone could leave it so
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In addition who of would be satisfied if we pinned only the centre of the sign because it was made of aluminium?
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Def fitters to blame. 😀
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quote John Childs:quote Lynn:pay them a visit with diesel and murphy
Pay them a visit with diesel and a box of matches. 🙁
:rofl: nice one John!
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If the guy has an invoice he should be able to make a claim through the small claims court [up to £500.00] It costs about £35-40 and is covered in the claim!
Make sure there are photographs showing the poor workmanship! (:) (:) -
quote Fred Mc:If the guy has an invoice
But he doesn’t have an invoice, and paid cash, as Marcella explained above. 😀
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As I see it the fitters did not deny fitting. Thus if he doesn’t have an invoice and paid cash, he should request a VAT receipt which he is entitled to do. If they refuse he could then suggest to them that he will ask HM Customs & Excise for advice. Get my drift?
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Definately fitters to blame. We are the same here as someone mentioned in the post. Free fitting or charged fitting, the person who drilled the holes is responsible. I’d take Phills advice and walk away from getting involved though. Offer him a new sign at mates rates. He’ll think you are wonderful, and will be a client for life.
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