| Date | Wed, 7 Dec 2005 09:38:16 -0500 |
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I completely concur. My personal thoughts
on how to handle both aspects (the waiver and the educating) is to properly
research the subject of fabricating debris (using the work already done by Dan
Fields) and create some sort of written documentation, separate from the waiver
and based on facts only, to provide the customer at the same time the waiver is
being presented. If the WC in question is truly an expert,
perhaps verbal is a safe way to go … but the average novice (with regard
to fab debris not window cleaning as a whole) risks crossing themselves up by
presenting it in various ways or, again, in trying to explain themselves in
greater detail if the customer doesn’t understand. By creating correct
documentation, not professing to be an expert and letting the documentation
itself do the educating one can ensure against contradictions and other such
problems (of course care has to be taken in the creation of the documentation
to ensure against the same problem). The key is keeping the documentation separate.
Should someone ever find a way to view the documentation as incorrect, not thorough,
contradictory or confusing … at least it won’t
have been part of the waiver. If the waiver is general, using only the term fabricating
debris without actually explaining it and the waiver does not indicate that you
take responsibility for educating the customer … it stands on its own.
Any documentation you did provide to educate the customer was purely out of courtesy
and had nothing to do with the agreement. I personally would never attempt to
explain fab debris to my customers verbally on a job where I feared the problem
might be present. In so doing I would have to take at least some responsibility
for what I’ve said and, if I’m wrong, I am then at least partially responsible
for any problems that can be construed as resulting from that misinformation. I would be willing to say that such a
problem exists, that it is a problem that is created during the manufacture and
that it can cause glass to be scratched during any scraping or scrubbing
process … but I would not be willing to try to get into more detail verbally. I will work on a brochure, unless
I hear Dan is going to do one. The brochure will be as thorough as possible
using direct quotes of facts only and to any questions the customer might have …
I would simply tell them that the brochure contains all the facts I am aware of
and that I really do not feel qualified to further define or add to it. Ideally, I’d love to see Dan create
a brochure for the purpose and make it accessible as a printable file online. He
could even charge for access to the file. That way we could all have
documentation published by the most knowledgeable person available and could be
more certain that the facts were being properly presented. There is much to be
said for the idea that we would all be educating our customers with correct, precise
and identical information too. Michael D. Brinegar President Pride Master, Inc. www.pridemaster.com -----Original Message----- >>> Be specific but be brief and, while it
would be wise to educate the customer about fabricating debris at the time
you're getting the waiver signed, don't take any responsibility for doing so in
writing. -- Michael D. Brinegar<<< Mike, It's interesting to see so many different approaches.
I'm not a lawyer, but I agree that you can get in
more trouble trying to explain. Dan Fields tells me that his waiver is as simple as
yours, because he makes a point of educating the builder, but the waiver he
recommends to others is wordier, because the education aspect is so important. I also worry - when I don't see any detail in the
waiver - whether the window cleaner can adequately explain the issue to a
builder. And if the window cleaner cannot, then possibly neither the builder
nor the window cleaner understand what they are signing. Thanks, |