How To Write Limits Of Liability????

stonefab_ac

We have a client that is requiring us to provide a material that is easily breakable.
I am in the process of writing up a waiver of liability.
Below is what I have so far, please tell me what you think:
Notice of Liability Limitations Apprentice & Craftsman Service, Inc. shall be liable only to meet its obligations as given under an order acknowledged to the Customer. The Company will under no circumstances accept any claim for any loss or damage to the Customer or to the Customer’s, suppliers, staff, and prospective customers or to any other person or body connected to the Customer claimed as consequential on any act or omission by any supplier of, employee of or other person connected to the Company or of the Company itself. The Company shall accept no liability for loss or consequence of delay or damage that may be claimed as due to any action or omission by a carrier or transmitter of goods or services or media ordered by the Customer.
Crema Marfil Polished 3cm kitchen countertops acknowledgement of no warranty offered!
No warranty will be offered for Crema Marfil Polished Marble 3cm thick kitchen countertops! Period!Apprentice and Craftsman Service, Inc. will not be held liable for any damage, scratches, stains, or etching as of date of installation of kitchen. No repairs will be made for free.Client and homeowner has been informed and acknowledges that the countertops will etch, stain and scratch after installation and waves the right to hold Apprentice and Craftsman Service, Inc. liable for any etching, scratching, and stains after date of installation. No exception will be made.Work will not proceed with the countertops until this Waiver is signed by the homeowner and by Revival Construction.

Homeowner______________________________Date:______ ______________
Revival Construction________________________Date:_________ ___________

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Atha
www.apprenticeandcraftsmanservice.com
Fax/Office: 770-459-2060

DavidC

My opinion and a dollar will bring you closer to a cup of coffee, yet still not in hand. Roughly the equivalent value of contractor forum legal advice.

My opinion is that you are being to wordy and possibly confrontational. I think you are trying to protect yourself from claims and are hoping for a legal defense.

Exactly why you should contact your attorney and have him author the document. He (she) will be looking at it from the point of view that you are being sued and this is our defense.

Good Luck
Dave

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thom

Since it's countertops, why not just remove yourself from the loop. Tell the customer you won't get involved with those tops, credit him back for the cost and the cost of installing the faucets. Finish your stuff before the tops are installed and be completely out of the loop.

It's not unusual for customers to want something that will be a problem. I just remove myself from the loop, otherwise you're always involved. Customer doesn't want to pay, customer wants to sue supplier, etc. You're always involved, either waiting for money, getting sued, or being forced to testify.

send_it_all

Also...Just because you write something doesn't make it so. Consult with an attorney on this.

savant

stonefab, I believe the terms you are looking for are: All sales final, product is sold asis without warrany of any kind.

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stoner

Hi even do it's a little expensive consult an attorney and try to make one that cover most liability limitations on what You do this way You save money and have something to protect You next time on a different product.

DEAD_ONConst

Hey StoneFab,
Try this link:
http://www.contractortalk.com/f65/600-legal-fill-forms-guide-30634/
In the section of Business Agreements, I found a heading for a Limits of Liability.
In my opinion, I would write a very simple and concise agrreement. Avoid all the legal jargon and BS and simply state in it, "We will install it, but won't be held liable for ANYTHING, BEFORE, DURING or AFTER the install. Basically, if we break it or scratch it, it is still YOUR Baby!"