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Unread 27 Oct 2005, 13:19   #9
lokken
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Re: A Legal Question - DDA/Yahwe etc

Quote:
Originally Posted by JammyJim
But how 'water tight' is such a contract saying

'By signing this agreement you agree that the work carried out on the xxx date of the xxx month by xxxxxxxxx is of satifsactory quality and has fixed the xxxxxxxxx problem pertaining to your xxxxxxxxxxxx. Furthermore any future issues relating to the xxxxxx product are not the responsibility or liability of JammyJims ace hooverrepair company and as such no claim can be made against the company. Furthermore any additional work will be charged at standard rate including any re-repair of the same problem/fault'



sign here
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plus would anyone even sign that kind of thing?
Yes, because alot of people don't read standard contracts.

Basically the idea of that contract is to remove any right of the person signing it to sue the company for the work as they've accepted that it was done properly, and that any future problems would be their tough shit.

Quote:
im curious because i was thinking about how some of these companies survive without being sued into oblivion by customers who scream blue murder that the product isnt fixed properly even tho its been a week since someone came round to fix it or just several hours but the customer has infact placed TNT within the product, blown it up and then said 'but you didnt fix it properly...look at the parts scattered around my living room'
The reason they don't get sued is because they usually submit to the customer's will as if they didn't it would look bad for business if they refused to redo the work on a blanket basis. The only time they'd usually refuse to fix it again without charging you is if it's obvious that you vandalised it.

Obviously terms like this excluding liability occur, but it really depends on the relationship between the two parties to the contract as to whether such a term as you described above stands up. Where one party is a business and the other is a "consumer", they get more protection from terms excluding liability for doing shit work as such terms have to be 'reasonable'. Which usually means companies save themselves the fuss and go out and fix it again where they were dealing with joe consumer.
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