Query on T&Cs

[rhinosaw]

Looking thru an installers T&Cs not sure about this one

The customer shall be liable for ……. any loss damage or injury whether direct or indirect or consequential resulting from failure or delay in their performance.

just wondered if someone could explain what it means, thanks

 

[just pumps]

Best ask them tbh, haven`t a clue myself.

 

[rhinosaw]

Neither have I,. Already sent a
load of other questions to them as well, this is one of the ones they gave no answer to.

 

[just pumps]

Neither have I,. Already sent a
load of other questions to them as well, this is one of the ones they gave no answer to.

Not a good start is it, I`d be looking elsewhere.

 

[Notch7]

The customer shall be liable for ……. any loss damage or injury whether direct or indirect or consequential resulting from failure or delay in their performance.

It kind of sounds like, if the installers do anything wrong, its the customers fault

They prob dont know -a lot of t and cs are copied off somebody else, saves legal fees drawing them up........

 

[rhinosaw]

Probably everything you're saying is right, can of worms though if anything goes pear shaped

 

[Harry Bloomfield]

from failure or delay in their performance.

I think what they are trying to say, is if the customer causes any delays or injury to its workforce, the customer will be held liable.

 

[rhinosaw]

Ok thanks,. I wonder if that is normal T&c wording

 

[Harry Bloomfield]

Ok thanks,. I wonder if that is normal T&c wording

I would have thought not, I have never seen it before..

This seems to cover it - https://en.wikipedia.org/wiki/Consequential_damages

There is nothing to prevent you striking out that particular line, before signing it, if you don't agree with it. It is then entirely up to them whether they accept it or not.

 

[rhinosaw]

Thanks Harry, I must say, I haven't seen that sort of wording before although I haven't read that many T&cs

 

[D_Hailsham]

I think what they are trying to say, is if the customer causes any delays or injury to its workforce, the customer will be held liable.

That's what I read it to mean.

If it's a large job you should inform your house/contents insurance company before work commences. Any claims may be covered by the Public Liability section.

 

[rhinosaw]

It's only a new boiler install , sounds like if anything goes wrong, ie hits his head on the old boiler , wouldn't be a good outcome.

 

[D_Hailsham]

It's only a new boiler install , sounds like if anything goes wrong, ie hits his head on the old boiler , wouldn't be a good outcome.

If it's you fault that he hit his head, e.g you asked for the old boiler to be put where someone could easily hit their head, then you are liable. Otherwise it's his problem; he needs to be more careful and look where he is going.

Check what your Insurance Policy says about workmen in the house.

 

[rhinosaw]

Contents of building?

 

[D_Hailsham]

Contents of building?

I assume you mean "contents or building"; I would check both. Hopefully both are with the same insurance company as it will save arguments over who is responsible.