| Date | Tue, 6 Dec 2005 12:19:44 -0600 |
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Jeff,
It looks like you have a separate waiver
that you'll present if fabricating debris is found.
Could you post that, too?
My concern
with this waiver is that there isn't a clear message about what the builder
ought to have done, and it sort of sounds like you are accepting liability for
finding the problem you're trying to get protection against.
I would suggest adding something to
this waiver - before the part about what you will do if fabricating debris
is discovered - to address the fact that the builder did not attempt to inspect
for fabricating debris on tempered glass before it was installed. That the
builder understands and agrees that it may not be possible to detect
fabricating debris, and agrees not to hold you liable for failure to detect
fabricating debris.
I do that - I tell the builder that only the
worst fabricating debris is easy to detect with certainty under these
conditions. I can't let myself be liable for finding something that could and
should have been detected by those who were handling the glass when it
was clean.
You could also maybe include something to
the effect that the builder believes there are no significant fabricating debris
defects (or should be none) on any of the tempered glass. I'm thinking I'll be
doing that next time.
Thanks,
Gary Mauer Since 1996 - the Window Cleaning Network Oconomowoc, Wisconsin, USA www.window-cleaning.net |