Liability with providing service

[DexterDay]

Has everyone voted?

Normally there are more "secret" cast votes, than there are opinions.

This is the exact opposite. More posts than votes....

I say there are Way To Many installs that are like this. There has to be a form/waiver (like he has) that releases responsibility. Especially if the homeowner has been both told orally and its written.

With the amount of service you provide Scott. I would look into seeing an attorney and making sure the verbiage is correct and knowing what to do when a situation arrives. Just to keep your butt covered.

As others have said. Its a Sue Happy World. Better to be safe.

 

[IHATEPROPANE]

Have a lawyer look over your service contract and make sure you are not helld liable.

 

[Defiant]

Has everyone voted?
\

I did

 

[Don2222]

Only servicing the stoves you sell is a terrible consumer model, there is more to making a living than just making money. The is an inherent social aspect to selling consumer goods that require maintenance. Having the knowledge to solve problems but refusing to do so is rude...I do not care what kind of FREE car they give you.

Hi Scott
They are not rude, They do not have the parts and the time to fix other brand stoves.

 

[DexterDay]

Hi Scott
They are not rude, They do not have the parts and the time to fix other brand stoves.

They dont have the parts, because they are not a dealer for the particular brand of stove...

They dont have the time? ? Thats a bunch of B.S.

If a dealer doesn't have the time for 1 extra customer? Then they are probably spread to thin.... IMO

 

[Don2222]

They dont have the parts, because they are not a dealer for the particular brand of stove...

They dont have the time? ? Thats a bunch of B.S.

If a dealer doesn't have the time for 1 extra customer? Then they are probably spread to thin.... IMO

Well, I meant that the techs working for the dealer get paid to fix the dealer's brand stoves. Repair is just a necessary evil to the dealer and he is not going to pay his techs to go fix other brand stoves. so the techs do not have the time to fix other brand stoves unless they moonlight!

 

[smwilliamson]

Hi Scott
They are not rude, They do not have the parts and the time to fix other brand stoves.

No they're rude. Not all. But many.

 

[Lousyweather]

No they're rude. Not all. But many.

Some are rude, some arent. Just like anything else. It isnt rude though to tell someone you dont have parts/expertise in a unit and suggest they call a dealer of those units. Its informational and anything but rude. You're directing the customer to someone who might help them, thereby doing them a service. There is nothing rude in telling someone you cant work on a unit for a myraid of reasons, such as lack of part availability, lack of knowledge in that particular line, or even telling the customer that the lead times are extended due to how busy you are. Im a stove dealer, but Im also a consumer as well. I would rather someone tell me the truth rather than BS me and waste my time and money dabbling around in something they have no idea of. Lets face it, I have to leave work, wait for them to arrive, etc. Time is money.

 

[Lousyweather]

They dont have the parts, because they are not a dealer for the particular brand of stove...

They dont have the time? ? Thats a bunch of B.S.

If a dealer doesn't have the time for 1 extra customer? Then they are probably spread to thin.... IMO

hey, the "no time" thing is a real possibility in the heat of the season (no pun intended). In these economic times, you cant have a tech sitting in a truck waiting for calls.....they'd better be out there cleaning and fixing them! This might be hard to beleive, but there are actually folks out there who shut the stoves off in Spring and dont even touch them till Fall, on the night it gets cold.....then, they go to start her up, and lo and behold, it wont start! They need someone there, and they need them there NOW, as its going to be cold tonight and they have babies and elderly people in the house who depend on that stove for heat! can be a bit of a problem getting folks there at a moment's notice, and many folks dont seem to understand that.

 

[Lousyweather]

Well, I meant that the techs working for the dealer get paid to fix the dealer's brand stoves. Repair is just a necessary evil to the dealer and he is not going to pay his techs to go fix other brand stoves. so the techs do not have the time to fix other brand stoves unless they moonlight!

Repair isnt a"necessary evil" to any dealer who can profit by repairing stoves. Its part of the business, and can be a profitable one, if done right, as Scott can attest, Im sure. I pay my techs to do anything that makes me money. That includes working on other brands, as long as I can have, or can get, parts. We do take care of the folks who bought the units from us preferentially, but that certainly doesnt mean we neglect our "other" customers.

 

[MCPO]

What`s the big deal. The customer is paying to have his stove cleaned so just do it. You certainly have a moral and possibly even a legal obligation to inform him of an unsafe installation or condition but IMO that`s where it ends.
The stove would still be in need of a cleaning regardless of whether the customer used it under the same existing situation or not.
Should a gas station attendant refuse to gas up your car if it had a failed inspection sticker on it?
But the real answer should probably be answered by a lawyer . All you get here is opinions on this matter.

 

[MCPO]

What`s the big deal. The customer is paying to have his stove cleaned so just do it. You certainly have a moral and possibly even a legal obligation to inform him of an unsafe installation or condition but IMO that`s where it ends.
The stove would still be in need of a cleaning regardless of whether the customer used it under the same existing situation or not.
Should a gas station attendant refuse to gas up your car if it had a failed inspection sticker on it?
But the real answer should probably be answered by a lawyer . All you get here is opinions on this matter.

 

[MCPO]

Man, I`d be afraid to call you. First of all you want payment up front, then you`d probably have the fire dept, the building dept, and the entire city inspection board at my doorstep ready to condemn my home.

 

[Lousyweather]

Man, I`d be afraid to call you. First of all you want payment up front, then you`d probably have the fire dept, the building dept, and the entire city inspection board at my doorstep ready to condemn my home.

dont know who you are afraid to call, lol, but I'll try this........frankly dont see a problem with being paid for work done.......as for an opinion from a lawyer, you can get one, just realize too that ONE opinion isnt the end-all.....if you go to two lawyers, you'll get two opinions.....what a mess! Probably just the building dept in your state tho...its a solid fuel. You might find that the lawyer even tells you to report it....save you from yourself so to speak! Very rarely will you get a definitive answer from a lawyer or an insurance company! Good luck

 

[fedtime]

I'm afraid I have to respectfully disagree with some of the comments on lawyers. Here in Canada, lawyers are insured - they can't just render opinions without assuming liability for the correctness of those opinions.

I will say this: it is true in the practice of law as elsewhere - you get what you pay for. If you go to a transit-bus-shelter-advertisment lawyer, chances are you will get an "it depends" opinion. On the other hand, if you go to a lawyer who specializes in this particular area of litigation, the chances are much better that you will get an opinion you can use. The opinion may be that you have little, some or loads of liability and your insurance does or does not cover you; it may be that you need to structure an incorporation a certain way to limit your liability, etc.

The unfortunate reality today is that even if you did all of this, paid for an opinion, were sure that you were protected, got waivers signed, etc, there is nothing to stop someone from suing you. Even if they are not successful, the cost to you in defending the action could be significant.

 

[smwilliamson]

Man, I`d be afraid to call you. First of all you want payment up front, then you`d probably have the fire dept, the building dept, and the entire city inspection board at my doorstep ready to condemn my home.

Don't be afraid. I only ask customers who want to save money to pre pay.

 

[stoveguy13]

you touched it last you own it. when you go to service or clean it. you take over the liability for the install good or bad.

 

[AbetterChimneynm]

I have run into a problem when cleaning a stove that was not installed correctly.....We did not start it as you stated and then when the home owner started it a month later they said we broke it during cleaning. After we went through that we have decided we will no longer work on a stove that is not installed correctly