WAIVER CLAUSES
. We are not trying to practice law here but rather to accelerate the
awareness of the need for waiver protection during the practice of the
legitimate business of carpet cleaning and restoration. There is a lot of
mythology out there that says that waivers are not worth the paper they are
written on. That is not really true. While the waiver means nothing to the
judge who smells negligence or fraud by the carpet cleaner, the right waiver
in front of the right judge during the right case is likely to be very valuable.
. Where the waiver works impressively and can be effective is when
it is called to a crooked customer's attention that this language is on their
copy of the work-order and that it was signed and accepted by them. They
know they are trying to steal from you and it makes them think that the
system is wise to them before they even begin to think about going to court
and conning a judge who may not know about carpet cleaning from flying
airplanes.
. We are not experts on law, judges, courts or anything legal but we
have had some experience working with them in the late 1970's. We were
involved in assisting carpet cleaners with preparing for their cases in small
claims court. We know from first hand experience that waivers can be
effective in small claims court processes where the judge's philosophy is to
hold waivers in high standing and they are inclined to believe the carpet
cleaners story. These courts can consider a waiver to be the clincher. We
have also seen judges who seemed to think that neither party should win
and all parties should get something. There was one case where I doubt if
the judge was ever fair to a businessman in his life. He hardly listened to the
cleaner's story. This carpet cleaner was really innocent of negligence and
deserved a better judge. The carpet cleaner did not have a waiver in that
case but I doubt if it would have made a difference. It is all up to the judge's
discretion but a waiver might have "scared off" this crooked customer
before he got his nerve up to go to court
WHAT THE WAIVER CLAUSE IS NOT:
1) It is not a protection against negligence, stupidity or fraud.
2) It is not an attempt to practice law.
WHY CONSIDER INCLUDING A WAIVER CLAUSE ON YOUR WORK-ORDER.
1) Doctors, hospitals or even appliance repairmen will require some type
. of waiver before any operation /job can proceed.
2) Just as the doctor and lawyer “practice” their profession, the carpet
. cleaning technician’s business is also a professional practice that
. deserves protection.
3) Unintended consequences are normal during any professional practice
. where elements of the practice are outside of the technician’s “care
. and control" (This is the magic phrase that lawyers and insurance
. companies like to use so learn it and use it).
WHAT THE WAIVER CLAUSE OFTEN DOES DO STRATEGICALLY:
1) It tends to establish that an explanation of unintended consequences
. and their causes were present for the customer to read had they
. chose to before they signed and accepted it.
2) It tends to ward off the unfair occasions when a dishonest customer
. attempts to get “a new carpet”, etc. at your company's expense
. after you have performed an honest and professionally competent
. service.
WARNING:
. The following was not advised or written by an attorney nor has
ever been examined by an attorney that we know of. We in no way warrant
the value of it and we strongly suggest that you obtain an attorney's opinion
before using it. Again, we are not trying to practice law here but rather to
help honest carpet cleaners to avoid being victimized by every crook who
wants a new carpet.
HOW YOU MIGHT INCLUDE THE WAIVER CLAUSE ON YOUR WORK-ORDER.
. Waivers can be printed on the back or across the bottom of your
work-order. It is very common for repair technicians of all types to say “okay
Mrs. Lady, please sign my work order and I’ll get to work”. This offers the
customer a legitimate chance to read before signing but does not create an
awkward moment.
Suggested language for a waiver of unintended consequences
We are aware of our professional responsibility to bring a workmanship level of
cleaning equipment, cleaning products and techniques to our customer’s
premises to perform our service. The customer also has two important
responsibilities. One is to furnish carpet suitable for conventional cleaning
methods and the second is to furnish air suitable for drying. For example, a
building that is tightly closed without ventilation after cleaning will often result
in reactive problems with embedded chemistry or bacteria that can produce
mold and discolorations that are out of the carpet cleaners care and control.
About the same as if wet clothing was put into a plastic zip bag. If the seams of
the carpet or the carpet itself have been glued or if the tackless strips are not
secured properly, cleaning may result in the seams opening or the carpet to
come loose from the floor. These conditions cannot be determined with an
inspection before cleaning and are therefore outside of our “care and control”.
Since our process is done with the carpet or fabric in place we therefore cannot
be responsible for repairs or replacement that may be necessary as a result of
such condition or any chemical reaction caused by faulty manufacture or
extraneous substances unpredictably present at the time of cleaning or any
other conditions beyond our control. It is common for discolorations to occur a
day or two after drying and while we are often able to treat these issues we are
in no way warranting such attempts nor do we therefore assume responsibility
for extraneous results from the corrective attempts. We are implying no
warranty for shrinkage, fugitive dyes, fragile dyes, dye loss, fabric separation,
change in texture, reactions of any type or kind or any other conditions or
results out of our care and control. We guarantee only to give our customers
the benefit or our best technical knowledge, experience, professional
equipment and expendables. No verbal statements shall have standing and the
work is to be done subject to the above.
awareness of the need for waiver protection during the practice of the
legitimate business of carpet cleaning and restoration. There is a lot of
mythology out there that says that waivers are not worth the paper they are
written on. That is not really true. While the waiver means nothing to the
judge who smells negligence or fraud by the carpet cleaner, the right waiver
in front of the right judge during the right case is likely to be very valuable.
. Where the waiver works impressively and can be effective is when
it is called to a crooked customer's attention that this language is on their
copy of the work-order and that it was signed and accepted by them. They
know they are trying to steal from you and it makes them think that the
system is wise to them before they even begin to think about going to court
and conning a judge who may not know about carpet cleaning from flying
airplanes.
. We are not experts on law, judges, courts or anything legal but we
have had some experience working with them in the late 1970's. We were
involved in assisting carpet cleaners with preparing for their cases in small
claims court. We know from first hand experience that waivers can be
effective in small claims court processes where the judge's philosophy is to
hold waivers in high standing and they are inclined to believe the carpet
cleaners story. These courts can consider a waiver to be the clincher. We
have also seen judges who seemed to think that neither party should win
and all parties should get something. There was one case where I doubt if
the judge was ever fair to a businessman in his life. He hardly listened to the
cleaner's story. This carpet cleaner was really innocent of negligence and
deserved a better judge. The carpet cleaner did not have a waiver in that
case but I doubt if it would have made a difference. It is all up to the judge's
discretion but a waiver might have "scared off" this crooked customer
before he got his nerve up to go to court
WHAT THE WAIVER CLAUSE IS NOT:
1) It is not a protection against negligence, stupidity or fraud.
2) It is not an attempt to practice law.
WHY CONSIDER INCLUDING A WAIVER CLAUSE ON YOUR WORK-ORDER.
1) Doctors, hospitals or even appliance repairmen will require some type
. of waiver before any operation /job can proceed.
2) Just as the doctor and lawyer “practice” their profession, the carpet
. cleaning technician’s business is also a professional practice that
. deserves protection.
3) Unintended consequences are normal during any professional practice
. where elements of the practice are outside of the technician’s “care
. and control" (This is the magic phrase that lawyers and insurance
. companies like to use so learn it and use it).
WHAT THE WAIVER CLAUSE OFTEN DOES DO STRATEGICALLY:
1) It tends to establish that an explanation of unintended consequences
. and their causes were present for the customer to read had they
. chose to before they signed and accepted it.
2) It tends to ward off the unfair occasions when a dishonest customer
. attempts to get “a new carpet”, etc. at your company's expense
. after you have performed an honest and professionally competent
. service.
WARNING:
. The following was not advised or written by an attorney nor has
ever been examined by an attorney that we know of. We in no way warrant
the value of it and we strongly suggest that you obtain an attorney's opinion
before using it. Again, we are not trying to practice law here but rather to
help honest carpet cleaners to avoid being victimized by every crook who
wants a new carpet.
HOW YOU MIGHT INCLUDE THE WAIVER CLAUSE ON YOUR WORK-ORDER.
. Waivers can be printed on the back or across the bottom of your
work-order. It is very common for repair technicians of all types to say “okay
Mrs. Lady, please sign my work order and I’ll get to work”. This offers the
customer a legitimate chance to read before signing but does not create an
awkward moment.
Suggested language for a waiver of unintended consequences
We are aware of our professional responsibility to bring a workmanship level of
cleaning equipment, cleaning products and techniques to our customer’s
premises to perform our service. The customer also has two important
responsibilities. One is to furnish carpet suitable for conventional cleaning
methods and the second is to furnish air suitable for drying. For example, a
building that is tightly closed without ventilation after cleaning will often result
in reactive problems with embedded chemistry or bacteria that can produce
mold and discolorations that are out of the carpet cleaners care and control.
About the same as if wet clothing was put into a plastic zip bag. If the seams of
the carpet or the carpet itself have been glued or if the tackless strips are not
secured properly, cleaning may result in the seams opening or the carpet to
come loose from the floor. These conditions cannot be determined with an
inspection before cleaning and are therefore outside of our “care and control”.
Since our process is done with the carpet or fabric in place we therefore cannot
be responsible for repairs or replacement that may be necessary as a result of
such condition or any chemical reaction caused by faulty manufacture or
extraneous substances unpredictably present at the time of cleaning or any
other conditions beyond our control. It is common for discolorations to occur a
day or two after drying and while we are often able to treat these issues we are
in no way warranting such attempts nor do we therefore assume responsibility
for extraneous results from the corrective attempts. We are implying no
warranty for shrinkage, fugitive dyes, fragile dyes, dye loss, fabric separation,
change in texture, reactions of any type or kind or any other conditions or
results out of our care and control. We guarantee only to give our customers
the benefit or our best technical knowledge, experience, professional
equipment and expendables. No verbal statements shall have standing and the
work is to be done subject to the above.
www.chemeistersUSA.com
800 523-3430
26202 West Seven Mile Road - Redford, MI - 48240
Speciality Chemicals since 1978
fax (313) 538-5324
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