What disclaimers do you have on your site or invoice?

Mikey P

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I was looking at a site that belongs to a member here and was a bit surprised when I read the last paragraph..

And now please take a moment to read through the disclaimers below:
Payment terms: Unless prior arrangements are made in writing, the client agrees to pay for services rendered at the time of completion. We take personal checks, Visa MasterCard or Discover.
is a fully insured company: In the unlikely event your property or belongings are damaged by our crew, the customer agrees that shall not be liable in excess of the limits of the insurance policy, and in any event for more than the actual cash value of the goods at the time of loss. No verbal statements, promises or opinions by our employees shall be binding upon us.
Area rugs: The dyes and materials used in the manufacture of rugs (particularly Oriental Rugs) may result in color changes or shadings throughout the rug, or in parts only, which become visible only after one or more cleanings and cannot be detected prior thereto.
Storage charges shall be assessed by on all items remaining on the Company's premises for more than thirty days. Cleaning and storage charges are due on presentation of statement. The property in question may be sold if unclaimed after 180 days.
Urine: Cleaning alone does not remove urine odor. To remove odor, rugs must be decontaminated at an additional charge. Customer understands that urine can cause dyes to bleed. Urine decontamination can accelerate latex delamination.
Responsibility (please read carefully): shall not be responsible for stains or discolorations which appear after cleaning. These are often due to spillage, unknown to or forgotten by the customer, and may become apparent only after cleaning. shall not be liable for any other defects which may appear only after cleaning, such as shrinkage (including unevenness thereof) nor fullness, fading, running of colors, shading, texture changes, curling, buckling, back separation, or loss or deterioration of rubber, latex or plastic backings which may occur during the cleaning process.



basically he is saying " I can screw up your furniture and its YOUR fault mam, is how I read that...



Good thing his disclaimer is pretty hard to find on his site..
 

GCCLee

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Call in the legal team! there still over in the other thread. :stir:
 

ruff

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It seems to me that basically, most of what is there is true.

This is a problem:" shall not be liable in excess of the limits of the insurance policy" as his policy limits could be very low, however we don't know his policy limits.

And this : "shall not be liable for.... such as....shrinkage (including unevenness thereof) .... buckling," He should be responsible for buckling on rugs (negligence) and not for wall to wall that is due to improper installation.

All the rest seem to be spot on.

Unless of course one suffers from the notorious HERO syndrome.
In which case he usually buys a machine with blower size 17 and higher :eekk:.
And order is restored to the galaxy thereafter.
 

Desk Jockey

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I don't think there is much value in the disclaimer BUT I do like to get some language out there, so when the chit does hit the fan there is a reference point and it doesn't sound like you're making this stuff up on the fly.

I'm not sure if the website is the best place for it but, why not. I think after hitting them hard with that text I'd back peddle a little and put a few words in there about the care in handling you do to prevent these issues from becoming a problem.
 

ruff

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For me, the value of the disclaimer and the clients' signing the hand written pre-existing conditions is more psychological than legal.

There is something in the act of signing that help set their expectations in the realm of reality.

It has worked well for me for many years.
 

Joe Appleby

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I love this word.

Interrorem is
a legal term placed in wills or contract sand refers to actions meant to frighten. By itself it has no legal force. It is only meant to frighten persons from risking some damage from apossible action they might take or fail to take. It might list certain moves the writer could take.
 
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SMRBAP

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All of that means nothing unless acknowledged by the customer, they have to agree to it in some manner.

Checkbox agreeing to terms, those terms on paper requiring signature, or the big business way, agree to the terms as stated on our website, sign here please. Wordage on his site stating the terms, doesn't make it a legal / binding agreement or contract - would never stand up in court.

I read it the same way Mikey - and you'd probably read mine the same way without knowing me or my operation, but it's intention is to void all ability for frivolous litigation, and there really is only one way to solve that in one stroke - all rights waived unless gross negligence can be proved.

In the end - when it's our fault - boo boo's get fixed no questions asked, when it's not our fault - they have no rights to litigate.
 

Desk Jockey

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when it's not our fault they have no rights to litigate.
Don't you wish that was the Truth?

They can sue you on a whim as long as those suing have the money to pay an attorney or as long as an attorney sees he can make some money.

We did a mold job once that they sued everyone that had ever set foot on the jobsite. They knew it was builders defect but it was a fund raising strategy. Sue everyone, their insurance settles on what ever amount they agree to rather than go to court and they take that money and mount a case against the real company responsible.

After paying a several thousand for counsel our attorney took the choice of not allowing our insurance to be involved. They dropped the case against us, they only wanted the deep pockets of the insurance company. They knew they had no case against us but knew if there was insurance involved, the insurance company would kick in a little to the kitty just to avoid the larger expense of going to court.


They can and will sue you for no reason.
 
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SMRBAP

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Don't you wish that was the Truth?

They can sue you on a whim as long as those suing have the money to pay an attorney or as long as an attorney sees he can make some money.

We did a mold job once that they sued everyone that had ever set foot on the jobsite. They knew it was builders defect but it was a fund raising strategy. Sue everyone, their insurance settles on what ever amount they agree to rather than go to court and they take that money and mount a case against the real company responsible.

After paying a several thousand for counsel our attorney took the choice of not allowing our insurance to be involved. They dropped the case against us, they only wanted the deep pockets of the insurance company. They knew they had no case against us but knew if there was insurance involved, the insurance company would kick in a little to the kitty just to avoid the larger expense of going to court.


They can and will sue you for no reason.


Well, yes, they can sue, but it gets them nowhere. They waived all legal rights, so it ends when the judge is presented with that documentation. Gross negligence has to be proven for the waiver to be void. I have had several attorneys boot my guys from their homes after reading the terms in the last year.

Harsh to request all legal rights be waived - yes, absolutely. Would I hire a co. for any service in my home that required that be signed - no way.

Truth be told - virtually nobody reads the terms. So I don't have many arguments at all over them, and because I handle the few problems we were the cause for anyway - it works and protects me from frivolous claims. I sleep well at night as it's not like I am destroying homes one at a time, laughing my way to the bank to cash their checks. I'd like to think in my service area I am in a small group of firms holding the moral high ground.

I however don't like it - I remember the days when I could do work on a handshake, and if a problem occurred, it could be worked out in a fair manner...... not like it is (gradually becoming) these days......my urine soaked carpets that I haven't cleaned in 16 years didn't look like new after the cleaning so I want you to build me a new home.... and I want a refund.
 

Mikey P

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Coit found their way around all those possible problems by dry cleaning every piece of upholstery.

No shrinkage, bleeding, curling of skirts, texture changes, loss of fullness, fading etc...



not much if any soil got removed but that's besides the points.



a hell of a lot easier to say "Mam, we did our best but that there is permanent." (you picked a shitty fabric, time to consider replacing)


rather than"woops, call my manager, I'm late for my 7th job, see ya"



but we owner/ops get wood trying to be heros with our 24 flow upholstery tools and get ourdumbassselves in all sorts of trouble...
 

Desk Jockey

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but we owner/ops get wood trying to be heros with our 24 flow upholstery tools and get ourdumbassselves in all sorts of trouble...
Back when I cleaned upholstery I did more damage than any of my tech's then and now.

I had enough experience that I was always trying to push the limits and "WOW" the client. The less experienced tech's had much more respect for the fabrics and would follow procedure even if it meant a stain or fabric didn't always clean as well as risky techniques might have. I went from hero to heel too many times in my cleaning career. Thank gawd for the Drimaster and now Sapphire tools, takes most of the risk out of cleaning upholstery.
 

GCCLee

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Umm,
We started with 2m Insurance. Most around here require 1m but the elite require 2 so we covered both bases. One Apt community here wants their CC to carry 4m !!!
They still don't have a CC to this day and its been over a year now.

I straight up told my insurance man what I expected could happen based on life experiences and what I am capable of destroying and he said you need this! Okay , I never said anything about attaching the Sulkey to the Rotovac though, lol

Chris
 

Royal Man

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This is what I have for my invoices. Basically It is short and if their is a claim I choose the remedy.Due to Insurance regulations; Items such as: breakables ,TVs, computers,
glassware, grandfather clocks, bookshelves, or pianos can not be moved.
Royal is not responsible for color transfer, change, bleeding, shrinking,
or loose seems in carpet or furniture. Some stains, spots or shading may
be permanent due to their nature. Royal Cleaning Service reserves the
right to Replace, Repair or Refund the cost of cleaning on all claims.
 

ACE

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Hay Dave that's a nice looking van. Is it for real or a internet only Brain Robson type van?


I’m not too worried about damaging property while cleaning.
Here is what I worry about:
Carbon monoxide,
Vehicle accidents,
Creating a flood by using faulty plumping
Slip and Fall.
I try to train the techs do avoid the common pitfalls. We use wet floor signs while cleaning common areas and will sometimes hand write a disclaimer when needed.
 
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Royal Man

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It's my van. That little picture doesn't do it justice.

A proper disclaimer is important.If you atleast use my last line: WYX Cleaning reserves the
right to Replace, Repair or Refund the cost of cleaning on all claims.

That and have them sign off on every job can help to put the ball in your court.

It only takes one mistake, slip, a$$ hole or what ever to negatively impact your life and pocketbook.
 
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