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Query on T&Cs

Discussion in 'Plumbing and Central Heating' started by rhinosaw, 25 Aug 2019.

  1. rhinosaw

    rhinosaw

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    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
     
  2. just pumps

    just pumps

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

    rhinosaw

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    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.
     
  4. just pumps

    just pumps

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    Not a good start is it, I`d be looking elsewhere.
     
  5. Notch7

    Notch7

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

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

    rhinosaw

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

    Harry Bloomfield

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    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.
     
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  8. rhinosaw

    rhinosaw

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

    Harry Bloomfield

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    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.
     
    Last edited: 25 Aug 2019
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  10. rhinosaw

    rhinosaw

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

    D_Hailsham

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    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.
     
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  12. rhinosaw

    rhinosaw

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    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.
     
  13. D_Hailsham

    D_Hailsham

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    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.
     
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  14. rhinosaw

    rhinosaw

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    Contents of building?
     
  15. D_Hailsham

    D_Hailsham

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    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.
     
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