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| Thread ID: 45839 | 2004-06-04 09:43:00 | OT : installation breakages. | beetle (243) | Press F1 |
| Post ID | Timestamp | Content | User | ||
| 241709 | 2004-06-04 10:46:00 | I doubt it will cause much greif for the workman involved. Heck,i once dropped a 15t excavator into the brisbane river...It was goodbye to that expensive piece of equipment..... |
metla (154) | ||
| 241710 | 2004-06-04 10:53:00 | Actually,come to think of it i did lose my job..... | metla (154) | ||
| 241711 | 2004-06-04 11:41:00 | There's a suprise :D | Pheonix (280) | ||
| 241712 | 2004-06-04 11:42:00 | Indeed,managment had an attitude problem. ........HA Still,i was following orders to the letter and the foreman was heavily intoxicated. |
metla (154) | ||
| 241713 | 2004-06-04 12:18:00 | One set of water wings was never going to be enough metla.:^O Cheers Billy 8-{) [pre]beetle, it is not your problem so you don't accept the job. It is their problem to fix. Look at it this way, if a dealership was delivering a new car to you and wrecked it on the way, would you expect to accept delivery and make the payments on the wreckage?[/pre |
Billy T (70) | ||
| 241714 | 2004-06-04 12:26:00 | they have been storing it for about 6 weeks for us...:( and its already paid for..... sigh. beetle |
beetle (243) | ||
| 241715 | 2004-06-04 12:29:00 | > Insurence is a moot point,Most won't claim as the > insure company will just up the premiums,and if they > do constant claims(and i assure you damage in many > business are very commen) then the premuims will > skyrocket . Not always . You will find that the majority of people/tradesmen involved in working on third party goods or property will hold Pulblic Liability Insurance . This protects them for the legal liability they may invite by damaging something that is not theirs dring the course of their work . Premiums can be increased if there have been previous claims, however some companies choose to carry the risk themselves by opting for a higher excess . The fact they they may have a high premium is not your concern . In insurance liability can arise from statute, tort or contract . The Consumers Guarantee Act 1993 may apply Beetle (has to be fit for purpose, acceptable quality, comply with description, be installed with reasonable care and skill etc), however it doesn't usually extend to commercial purposes . The definition of whether it is for commercial use or not depends on whether the spa pool was to be used for you and your family personally or you were to get $$ for it - such as being in a unit for rent . As far as Tort goes, there is a common law obligation to carry out work without damaging third party property, and it appears that these have been breached . If you had an agreement with the installer/supplier to purchase an installed and working spa pool, and this hasn't happened, there is a breach of contract . If all else fails, claim on your insurance . You are not at fault, and therefore this should not affect your future risk/premiums . Your insurers will then look after you, and although you will have to pay your excess, they will seek recovery from the at fault party . They are obliged to recover any uninsured loss first (ie, your excess), and so you shouldn't be out of pocket . J :D |
Jester (13) | ||
| 241716 | 2004-06-04 12:34:00 | uh....minimum public liabilty we have been able to take out has been 1 million dollars worth,and usually they ask for 8mil and over.... Having been involved in a number of businesses none have ever fallen back on insurence unless the cost of making right has been potentially crippiling. |
metla (154) | ||
| 241717 | 2004-06-04 12:45:00 | You have been lucky Metla :) Of course it's the age old decision. Pay money into a 'pool' with others to share the likely financial burden if things go wrong, or hold it back and hope your cashflow can take a potential claim, not to mention your business' credibility if the worst happens. This week alone I have been involved with two firms who have damaged other people's property, with one incident in particular halting the construction of a multi million dollar development, not only causing physical and very expensive damage, but also causing the developer to possibly incur penalty charges.. All I can say is that the people involved are happy to only pay $500.00. J :D |
Jester (13) | ||
| 241718 | 2004-06-04 13:10:00 | Seems to be the retailers contractors or employees have done the damage and I take it your purchase was for installed goods or they took it on to arrange installation. They, the retailer, have the responsibility and liability to put it right. Purley based on how I read what you've said. You don't say if you've talked it over with the retailer, I'm sure it will go more easily than you think. On the matter of insurance. It's a necessary evil, more so foe some industries than others as Jester says, in the construction/development game costs and penalties can rack up very quickly while fritzing a customers computer may be no big deal, if there house goes with it you'll be glad of the cover. Just covering the cost of legal threat can turn your stomach. Cheers Murray P |
Murray P (44) | ||
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