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Thread: Disclaimers about damages

  1. #16

    Default Re: Disclaimers about damages

    Quote Originally Posted by happymowin View Post
    i have terms and conditions on the back of my invoice/quotes.

    it says on the front "READ THE T&C'S ON THE BACK"

    if they dont up to them

    i have a breakage clause.

    i also found out by the tenancy act, TENANTS are responsible for any breakage by a lawn mowing contractor.

    i kow cos i broke a guys $500 sliding door.

    i was the SECOND guy to break it - sheesh, coulda told me about it first lol

    i agreed to mow once for free, and after that he didnt use me again, lol.

    but its in the act. tenants responsibility
    T's & C's on the back of yoor invoices is the way to go. Just dont over complicate it and have it big enough to read!!
    :
    Also making notes on your invoice to clients (and keep them filed) about problems you find.

  2. #17
    Senior Member DavidS's Avatar
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    Default Re: Disclaimers about damages

    I have on the bottom of my invoice along with my bank details and delinquent accounts policy. " Any property damage that occurs from debris within the lawn, is the owners responsibilty". This has saved me 3 times now .

  3. #18
    Senior Member ****'s Avatar
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    Default Re: Disclaimers about damages

    Its subjective and every job varies. As Blue says JSA will help cover your arse but only if you abide by them and take all precautions that are outlined within them.
    At the end of the day though no matter how many precautions, care and due diligence you put in place you will always be the one that is liable for damage. A footnote on your quote might get you out of trouble in most cases but if it where to go to a court of law then it will be a different story and thats where liabilty insurance will save your arse from financial ruin.
    Add the notes to your quotes or contracts to cover yourself but dont expect them to hold up if it goes further than the clients backyard.
    I reject your reality and substitute my own.

  4. #19
    Senior Member glassngrass's Avatar
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    Default Re: Disclaimers about damages

    To double cover you, I would suggest you also include that if you are liable for any damages, then liability is limited to $50 per claim.
    Of course all such waivers should be declared before starting a job.
    David
    Mr Sparkle Car Spa

  5. #20
    Member Redeye's Avatar
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    Default Re: Disclaimers about damages

    I'd be surprised if they're worth any more than the paper its written on if it went to court

  6. #21
    Senior Member Bluey's Avatar
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    Default Re: Disclaimers about damages

    I don't know what the process is in other states but I do know what it is here and I would suspect it would be similar in most states. In my previous employ I have been involved in quite a few civil matters as well as criminal ones. If you end up arguing with the property owner over a smashed door for instance and they decide to take you to court the it is a civil matter between you and them. You won't go straight to full blown court case but rather to an informal directions hearing where both parties positions will be established and the magistrate will attempt to get both parties to settle the matter. In that circumstance if you can prove you provided the work on the proviso that any damages such as they are now claiming would be their responsibility and they agreed to it and you conducted the work professionally in line with your established SOP's I think you would have a pretty good leg to stand on. If they wish to continue after that and it proceeds to a full blown hearing then they may well find they lose it and have to pay your costs. In a civil matter the burden of proof rest with the plaintiff who has to prove their case on on the balance of probabilities not beyond reasonable doubt as it is in criminal cases. So the more you have to back your case the better it is for you.
    Cheers

    Bluey
    Adelaide Home & Garden Solutions
    http://www.ahgs.com.au


    "Success occurs when no one is looking, failure occurs when everyone is watching."

  7. #22
    Senior Member BSD's Avatar
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    Default Re: Disclaimers about damages

    (Bump)....just looking at this blog, i have the insurances and Indy oh&s stuff in place, but the oh&s complient paperwork lists this as 'low risk', ie: no need for a jsa, but i better read it a few more times i reckon, my pest control insurance has me doing 2, 1st for proposals, and 2nd for chemicle application which must be completed within 24hrs. The 1st being a jsa, with all the T&C's which MUST be signed by the occupier or thier agent before you commence work. Takes 5 mins to fill out once you get used to the thing. PITA.

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