liability contracts

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BLACKWRX

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Do you guys make your customers sign a some sort of a liability contract before you start detailing there car in case something happens?
 
BLACKWRX said:
Do you guys make your customers sign a some sort of a liability contract before you start detailing there car in case something happens?
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I don't and if it was me leaving my car off and was asked to sign a wavier in case they broke something or burned threw the finish....I would be looking for another shop..In all the years that I have been detailing cars I can count on one hand the times that I have done anything to someones car...all those where minor and I paid for them...
 
I agree with B.B. I also dont have release or liability forms. I think it would push some customers away. I havnt had any issues with damaging vehicles yet, and if/when something may happen, I would pay out of pocket to make sure the customer gets it repaired, and also include free services to go above and beyond to correct the problem.

Greg
 
GregCavi said:
I agree with B.B. I also dont have release or liability forms. I think it would push some customers away. I havnt had any issues with damaging vehicles yet, and if/when something may happen, I would pay out of pocket to make sure the customer gets it repaired, and also include free services to go above and beyond to correct the problem.

Greg
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Agree with pushing customers away...would make them wonder about your capabilities
 
It sounds like a good idea, especially if you are doing engines so they can't blame an unrelated problem on you. Of course you'll probably loose some business because people will figure your not insured (even if you are) and/or not confident in your work.

EDIT: I waited to long to post after opening the thread. BeemerBoy and Greg both said it perfectly.
 
BLACKWRX said:
Do you guys make your customers sign a some sort of a liability contract before you start detailing there car in case something happens?
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I haven't done liability contracts, but I have had customers sign off if there is some sort of previous damage that they could try to pin on me. For instance, I had a guy bring his car in, and the drivers seat had a rip that looked like someone had sat in it with a screwdriver in their pocket. I noted it on the work order and had him initial it so he couldn't come back and say that I did it.
 
I need to think it through, like what Phideaux said, but the only liability problems would be in engine, moving parts I don't touch.
If I dent a car, I dented a car. If I burn paint, I burnt paint.
 
Personally, I think doing a "walk around" with the customer when they drop off the car is a fantastic idea. First, you get to ID any scratches, dings, dents, tears, etc. that may be present already so that you don't get blamed. Second, you can show the customer the imperfections in the paint you'll be improving or removing. I think if you can get the customer to see exactly what you're doing then the difference afterward will be even more pronounced. Added bonus . . . they can't pin pre-existing damage on you.

"Walk arounds" are pretty common practice for car shipping companies and even some service departments in dealerships. My dealership used to make me "walk around" the car with them after they once damaged my car. Their stance was that they did not damage the car and mine of course was that they did. Since they had not checked the car prior to accepting it they could not prove the damage was pre-existing (it wasn't by the way).
 
the only reason i posted this is
what if iam out detailing a car in a parking lot(at an office or customers business), get done detailing the that night a customer calls me because there is a ding or dent on the car (not from me maybe another car in the parking lot) but it "appears i did it".....i just dont wont to be blamed for something that "appears" to be my fault...thats all
and as far as engines i guess if iam worried about doing it then i shouldnt do the engine.....some of the merecedes have ridiculous sensors that can be thrown out of wack by the slightest mist of water ......then several 100-1000 dollar repair my happen
......i guess i can have the customer do an immediate before and after inspection of the car
good advice i see where you guys are coming from ......i would still want to hear more opinions, so keep posting
 
I do have customers sign off on a pre-inspection report, but mostly it's because I want them to be able to have a written record of what damage was present on their car when it came into my posession, and that way they can see what all I was able to fix, and I can make pointing things that couldn't be fixed by my procedures out to them much easier.

The only time I also use it as a liability waiver is if I'm going to be driving their vehicle to my shop from their location or vice versa. At that point it's just a statement saying that they authorize me to be in the possession of the vehicle so if I'm in an accident or get pulled over for any reason, the police won't question why I have the vehicle.
 
I find the 3 best ways to protect yourself, is to do a quick walk around and if there is any major things I make a note of it on the bill and get the customer to sign beside it. Also take before and after pics of the vehicle(s) interior and exterior and I get the customer sign the bottom of the bill where its states the vehicle was returned to the customer in the same condition as when the vehicle was recieved with exception to, the service(s) listed above and if paying by cheque they are responsible for any chargable fees if the cheque is returned due to NSF. I aslo have a customer comment box beside where they sign so if they is a problem they can make note of it. Then I gvie them their part of the carbon copy

cheers
Chris
 
I use a rather ingenious way of determining a customer vehicles "In time" condition relating to it's "Out time" condition.

Before I do anything with the vehicle I take digital photo's all around and inside the entire vehicle. I have the camera set to display the date and time on each picture to further add credibility.

I procede to make any damage notes on the work order and go from there.


When it's all done and detailed, I take the same pictures again to show any change.


It's a system that has not failed me yet!!!
 
i say whatever method you have as long as it proof to prove to the judge because your word against him is not enough....if i were mobile i would use the liabilty sheet it just like when you go rent a car they walk around show you the damages and you sign off but also take pics in this time of age i see and hear everyone is eager to sue and make easy money...to each there own..
 
Beemerboy said:
I don't and if it was me leaving my car off and was asked to sign a wavier in case they broke something or burned threw the finish....I would be looking for another shop..In all the years that I have been detailing cars I can count on one hand the times that I have done anything to someones car...all those where minor and I paid for them...
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I agree with you that in the many years I've been detailing, and the thousands of vehicles I've worked upon, damage has never really been a concern. However, even at a quick-lube place you have to sign not only a standard mechanics lien, but also a release of liability. Detailing isn't medicine, but have you read the fine print on the documents you sign when you see a doctor? :confused:

For me, a waiver/lien/release of liability is imprinted upon my invoices right next to a picture where I note any vehicle damage, right above where clients sign. I have never had any balk at signing. For me it's been quite the opposite. With so many fly-by-night-out to make a quick-buck detailers out there, this little step reflects a level of professionalism for my business. For those of us who carry business insurance, it's also a reward in lowered rates. ;)

I'll add that it has saved my butt -- in a case of a bad, pre-burned, thin single stage re-painted, mid 70's Jaguar; I instructed the client that their vehicle should be re-painted. He said he didn't care and that he wanted me to do it anyway. I made note of the damage and stated on the invoice "Paint is thin, previously been buffed, customer advised that vehicle should be re-painted" Without a copy of this signed invoice to present to the Judge, I would have been out $3500 for a paint job. This little tool not only exonerated me from all allegations, but it also got me paid (I waived the cost of the job). Furthermore, it allowed me to receive compensation for my attorney fees, court costs, lost day's wages for having to appear in court to defend his malice. Plus I got an extra $150 dollars when he refused to pay in a timely manner. To top it all off, I ended up getting a call from the Judge about a month after our second appearance to service his Black '89 560SEC. :yay

Just something to ponder if we are to call ourselves "professional detailers" :)
 
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I have the customer walk around the car with me prior to me touching it. I point out the areas that I have concern and then when the customer picks up the car I have them do a visual inspection again.

Plus I carry insurance for if I cause damage to the vehicle as well. As any professional should.

Kenny
 
Like BBlachwrx I do alot of work at office buildings. I had a cust. who I did a walk around on her mini van and pointed out any potential problems. Finished the job went to her office to show her the finished job and was told " dont worry you came highly recommended by so and so Im sure Ill love it" so I left. the next day I get a phone call saying that I damaged the moulding on her drivers door. She said a big piece was broken off so I go out and look at it and it was damaged ( not by me ), luckily I went to where I parked it when I was done and there was the piece on the ground and there was a truck parked next to the spot with her color paint on the bottom of its pass. door. So now I insist that the cust. comes and walks the car with me after I am done using this as my reason why I want them to look at the car.This time it did not cost me anything but an extra trip to my cust. office, but next time who knows always insist on a walk around.
 
BLACKWRX said:
Do you guys make your customers sign a some sort of a liability contract before you start detailing there car in case something happens?
Click to expand...

That is what insurance is for. If you wreck their car then your insurance will cover the damage. That is only if you carry insurance for this kind of thing, of course. If you are running a business where you are detailing hundreds of cars a year then it is more than a hobby and you really should carry insurance.

Nobody is going to sign something that is basically telling them that the person detailing their car could burn the paint off and back it into a wall and there is nothing you can do about it. Nobody waives that kind of stuff. I am drafting a service agreement that will state that I am not responsible for stuff that they leave in the car, but I'm not going to say that I am not responsible for any damage I cause. I need to cover my butt in case they accuse me of stealing the diamond ring in their glove box, but that is the only reason I would ever put something like that on a service agreement.
 
Jngrbrdman said:
That is what insurance is for. If you wreck their car then your insurance will cover the damage. That is only if you carry insurance for this kind of thing, of course. If you are running a business where you are detailing hundreds of cars a year then it is more than a hobby and you really should carry insurance.

Nobody is going to sign something that is basically telling them that the person detailing their car could burn the paint off and back it into a wall and there is nothing you can do about it. Nobody waives that kind of stuff. I am drafting a service agreement that will state that I am not responsible for stuff that they leave in the car, but I'm not going to say that I am not responsible for any damage I cause. I need to cover my butt in case they accuse me of stealing the diamond ring in their glove box, but that is the only reason I would ever put something like that on a service agreement.
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Just because you have them sign a waiver that covers a broad list of things doesn't mean you won't be responsible if something happens. Lots of companies have you sign waivers that wouldn't cover their @ss although they would want you to think it does. Same goes with sports events. Sure it says you can't sue them for any reason on the back of the ticket, but that isn't always the case. If a "reasonable person" would say that you made an error and caused damage that could have been avoided, the customer will have the right to sue you. I'm learning all about business lawsuits in my business law class right now.
 
If you have ever read the actual definition of 'a reasonable person' then it would tell you that a reasonable person would never leave something valuable in their car when a stranger details it. It wouldn't be sensible to do something like that. What I was saying is that you put in your service agreement that you aren't responsible for objects they leave in the car. You can't waive liability for damage to their vehicle, but you can cover you butt if something turns up missing.
 
Jngrbrdman said:
If you have ever read the actual definition of 'a reasonable person' then it would tell you that a reasonable person would never leave something valuable in their car when a stranger details it. It wouldn't be sensible to do something like that. What I was saying is that you put in your service agreement that you aren't responsible for objects they leave in the car. You can't waive liability for damage to their vehicle, but you can cover you butt if something turns up missing.
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Sorry Jngr, I misread your post. I thought you were saying you were going to make it cover any damages, but you actually said the opposite. I've got to stop posting so late. LOL

As far as vaulables, the waiver they sign should cover you unless they can prove you took the items. About the only way to prove this would be a video.
 
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