How bullet proof are Scratch waivers?

Just wondering what your guys experiences have been with scratch waivers?

Not. At. All.

I use them to set expectations and weed out problem customers; it tends to flush out any unreasonable or litigious types.

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What he said.

It’s tough for a waiver to be effective when the manufacturers states no razor blades.

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About as bullet proof as a non-compete clause…

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Does it make you look bad or non informed when you have a customer sign a scratch waiver when the manufacturers clearly say not to use a razor?

I’m guessing this is a rhetorical question.

Wonderful.

Actually, the lawyer I used said it was defensible. It basically says we’re going to use razors (and you approve that) and we’re not responsible for scratches even if we make them.

That being said, it’s like an air bag: I hope I never ever have to rely on it to find out if it’s going to save me.

It’s a serious question for discussion.

Manufacture says no razors but contractor asks customer to sign a waiver to approve the use but not be held accountable.

Customer is taking all responsibility if damages occur since manufacture warranty is voided.

For me, this ilegitimizes ones professionalism or respect for property.

You’re saying that the waiver illegitimizes ones professionalism? Yes, I would agree with that. Better I think to clean them in a way that is approved by the manufacturer and charge more for it if needed than to pass on the responsibility to the customer.

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You said it much better than I tried. Lol

Hmmmm. Kind of like the papers I signed when I went in for my three way heart bypass. They did a good job on my heart but froze the left phrenic nerve going to the left lung. Probably because they did the job too fast. I was told they did shave about 20 minutes off the operation. Of course now my left lung doesn’t work after three years. And I needed a second operation on that lung so I wouldn’t drown in fluid from a nonactive lung. But I signed the papers. So seeking compensation is useless. This is what the consensus seems to be. I signed more than one waiver. Maybe having two or three legal docs and the wording makes a difference. Having a lawyer write it could help? How professional is a heart surgeon? More or less than a window cleaner? If it works in the medical field why not on glass?

Henry

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We____________ take no responsibility for any scratched glass uncovered during the cleaning process.
We only use manufactures cleaning instructions and do not perform any “aggressive” cleaning methods which have been known to cause scratches in glass, therefore any damage to the glass is pre existing caused by other parties and is likely hiding (if present) behind the dirt which once clean damage will be visible.

Yes. A statement that clears you of responsibility for all ready existing damage. Different than trying to get off the hook for damage done because “it’s the manufacturer’s fault”, “bad glass”, “fabricating debris”, blah, blah, blah.
Now, I do believe fabricating debris is a real thing and a problem for us as window cleaners but I also know scratches can be avoided. It just might mean slower techniques and charging more and losing jobs because you have to bid higher because of what you know about glass.

Glass is manufactured, so has a spec sheet. people do not.
The doctors get away with it because the docs written for them do not contravene the manufactures instructions because the manufactures of your body are your parents and they probably don’t really have the specs sheet on you lol

From the legal advise I was told if you inform the customer in writting that you will be performing non aproved nor condoned “aggressive” cleaning that goes against the manufactures instructions, and they understand that its highly likely you will damage the glass, then they sign that releasing you from liability.

How many people would sign that for some clean glass?

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Yep. I get your point Steve. Well said. In my case if I left the 90 plus blockage of one of the main arteries coming from my aorta on the back side of my heart to chance I might not be here today to write this. So I had more hanging than dirty windows. And I had to trust the surgeon if I wanted a quick fix at the time, even if the surgery resulted in death. Definitely a much more dire circumstance. I am sure if I were facing any kind of window restoration job I would want a waiver. I would probably write it myself however. Then have it signed and notarized.

Henry

I gave them 2 options.

  1. Have a set price, and use blades with the likely chance of scratches
  2. do the work hourly with chemicals instead of blades to remove debris

they chose option one.

I was always under the impression if blades were used properly it wouldn’t scratch good glass. Am I mistaken?

Completely mistaken

I missed a bunch of comments. The waiver I had signed didn’t say what the above says. I think I had them sign one from fields and company…

Okay.

The waiver you just posted says you will use manufacturer instructions. Blades aren’t in those instructions.

Don’t just grab something off the Internet and think it’s gonna cover you

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