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normd
18th September 2008, 16:52
I'm thinking of starting my own small business and and trying to find a simple yes or no answer to something a friend said. my idea involves transferring peoples old wedding video's or any old video on VHS tape to DVD and there is a small element of risk to the VHS tape, ie tape been chewed up because it's old or the equipmend is hungry lol. My freind said no matter what you put in your T&C's if you damage a customers tape you would be liable and could be sued for all sorts inclooding a replacement wedding so the video could be done again. suelly this can not be true? i was thinking of putting something like this " Whilst the utmost care is taken with customers tapes, there is always a small risk of damage being caused by the copying process. In the unlikely event damage is caused to a tape during the copying process this is at the customers own risk. Further more XXXXXXXXX shall not be liable for
any loss or damage whilst in the post."
So my question is if a tape was damaged whilst in my care where would i stand?

profitxchange
19th September 2008, 11:38
I think your friend is being a bit too pessimistic. Whilst I am not a legal beagle I would suggest you have some terms as you suggest - but get the client to sign it and refer them specifically to the clause. There are lots of people doing what you do so see if you can plagerise a set of their t's & C's.

normd
19th September 2008, 15:50
Thanks you took the words right out of my mouth but been new to anything like this and the fact he has been in business for over 10 years i wasn't sure, and getting an answer on google was like pulling teeth but it did bring me to this forum though so not so bad.
interesting you say plagerise someone's T and C's would that not brake copyright laws? because i did consider doing that.

Lime One
19th September 2008, 16:33
You can include limitations on liability on B2C contracts but do need as is said above to make it very clear and get it agreed so there is no dispute they were warned. A bit like you need to do on specialist cleaning services ie suede products if you attempt to get them dry cleaned.

Copying others' terms is not only breach of copyright it is unlikely they are an exact match for YOUR business and of course you have no idea or insurance that they cover your business activities. We provide low cost, tailored and specialised contracts and terms so there is something for every businesses price range. Happy to quote if you email quotes@limeone.co.uk