I have just been quoted for a boiler installation. The Ts and Cs say:

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
"XXXX (The company) shall not have any liability for any indirect,
special or consequential loss or damage or loss of profit with the
exception of damage for death or personal injury. The total liability of
XXXX under this agreement shall not exceed the price paid".
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

In other words, if the job is priced at, say £2000, and my wife is
electrocuted as a result of negligence by XXXX, any compensation would
be capped at £2000.

Is this a reasonable clause?

There is no mention of public liability insurance on any of XXXX's
documentation.

--
Ian

In article ,
news writes:
I have just been quoted for a boiler installation. The Ts and Cs say:

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
"XXXX (The company) shall not have any liability for any indirect,
special or consequential loss or damage or loss of profit with the
exception of damage for death or personal injury. The total liability of
XXXX under this agreement shall not exceed the price paid".
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

In other words, if the job is priced at, say £2000, and my wife is
electrocuted as a result of negligence by XXXX, any compensation would
be capped at £2000.

Is this a reasonable clause?

It's illegal if it even attempts to limit liability for death,
which it would appear to do from what you posted.
Suggest you walk away, after pointing that out if you so choose.

--
Andrew Gabriel

Andrew Gabriel wrote:

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
"XXXX (The company) shall not have any liability for any indirect,
special or consequential loss or damage or loss of profit with the
exception of damage for death or personal injury. The total liability of
XXXX under this agreement shall not exceed the price paid".
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

In other words, if the job is priced at, say £2000, and my wife is
electrocuted as a result of negligence by XXXX, any compensation would
be capped at £2000.

Is this a reasonable clause?


It's illegal if it even attempts to limit liability for death,
which it would appear to do from what you posted.
Suggest you walk away, after pointing that out if you so choose.

ISTM that the "with the exception of damage for death or personal
injury" line was excluding liability for death from the limitation (i.e.
making the liability unlimited)

--
Cheers,

John.

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On Sun, 22 Jan 2006 12:23:06 +0000, news wrote:

I have just been quoted for a boiler installation. The Ts and Cs say:

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
"XXXX (The company) shall not have any liability for any indirect,
special or consequential loss or damage or loss of profit with the
exception of damage for death or personal injury. The total liability of
XXXX under this agreement shall not exceed the price paid".
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

In other words, if the job is priced at, say £2000, and my wife is
electrocuted as a result of negligence by XXXX, any compensation would
be capped at £2000.

Is this a reasonable clause?

There is no mention of public liability insurance on any of XXXX's
documentation.

It is an absolute condition of CORGI memebership to have adequate
liability insurance. The company should not need to have to this T&C.


--
Ed Sirett - Property maintainer and registered gas fitter.
The FAQ for uk.diy is at http://www.diyfaq.org.uk
Gas fitting FAQ http://www.makewrite.demon.co.uk/GasFitting.html
Sealed CH FAQ http://www.makewrite.demon.co.uk/SealedCH.html
Choosing a Boiler FAQ http://www.makewrite.demon.co.uk/BoilerChoice.html

In other words, if the job is priced at, say £2000, and my wife is
electrocuted as a result of negligence by XXXX, any compensation would
be capped at £2000.

What part of "with the exception of damage for death or personal injury" do
you have difficulty understanding?

Christian.