(Topic ID: 302291)

Repair Tech damage liability

By Heaterguy

2 years ago


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    #1 2 years ago

    So I have quickly become one of the go to repair guys for EM pins in my area. I have a day job that keeps me busy, pin repair has been a side gig. So far things have went well. I sometimes repair games on site but usually take them to my shop. I have a small disclaimer on each invoice and have the customer sign it before I take the game in my possession for repairs. It reads as follows;

    “As owner of above named game I hereby authorize Indy Pinball Techs to remove, transport and repair my machine. In the event the machine is damaged while in Indy Pinballs possession due to accident or negligence, Indy Pinball shall repair to same condition or replace or reimburse current market value of machine if it’s totaled. I understand that although a time frame may have been discussed, there is no time limit on repairs while at Indy pinballs shop. As owner of the machine I reserve the right to come and get my game at any time, after paying half the quoted amount of repair. Upon completion and return of game in working order I hold Indy Pinballs tech harmless in the event of any damages incurred by the machine to my home or persons using game. As a part of this agreement, Indy Pinball agrees to 1 additional on site service call in the first two weeks of the games return.”

    I have had one of my games catch fire while someone was playing it (Fireball...how ironic) I was present and quickly diffused it. I have seen games with evidence of fire damage in the head. When I retire from my day job I plan on carrying an insurance policy but for now I’m just doing about 3 repairs a month on the side, as well as working on my own projects.
    I fear it’s only a matter of time before I run into an issue, any suggestions on improving my disclaimer verbage?

    #2 2 years ago

    It looks good, but of course, none of it will protect you legally if a child is shocked, the game burns the apartment building down or .....

    A signature means nothing unless notarized.

    Do you ever sign your real signature when asked by a auto shop, repair person or rental agreement?

    Of course not.

    Shop owner: Your honor, he signed this release of rights, here on this contract...
    Judge: Is this your signature?
    Vid: No your honor. That looks to be someone else's writing.

    #3 2 years ago
    Quoted from Heaterguy:

    any suggestions on improving my disclaimer verbage?

    I suggest you ask your attorney and insurance company this question. Internet forums are a poor choice for legal advice.

    #4 2 years ago

    how the hell did a game start on fire? WD40 used anywhere? overfused?

    #5 2 years ago
    Quoted from CaptainNeo:

    how the hell did a game start on fire? WD40 used anywhere? overfused?

    Capacitors can burst into flames at times.
    Tiny fires, but still damaging!

    #6 2 years ago

    true. but those fires are usually short lived and recoverable. Not like the idiot I saw at expo about 6 years ago, spraying WD40 in someone elses Wizard on the contact points. After I told him the issue he was causing, says to me, " i've been an operator for 20 years, I never had a problem. I know what i'm doing". Which I shrugged and walked away. Walked past again 5 min later and the inside of the cab was smoking on majorly on fire. To which I made the comment, " imagine that".

    #7 2 years ago
    Quoted from CaptainNeo:

    true. but those fires are usually short lived and recoverable. Not like the idiot I saw at expo about 6 years ago, spraying WD40 in someone elses Wizard on the contact points. After I told him the issue he was causing, says to me, " i've been an operator for 20 years, I never had a problem. I know what i'm doing". Which I shrugged and walked away. Walked past again 5 min later and the inside of the cab was smoking on majorly on fire. To which I made the comment, " imagine that".

    Sometimes you just have to let an idiot be an idiot!

    #8 2 years ago
    Quoted from jrpinball:

    Sometimes you just have to let an idiot be an idiot!

    I disagree. People will never improve themselves if you let stupidity run wild.

    #9 2 years ago
    Quoted from CaptainNeo:

    how the hell did a game start on fire? WD40 used anywhere? overfused?

    I can’t remember exactly which one but a momentary relay coil locked on melted switch actuator and coil wrapper caught fire.

    #10 2 years ago
    Quoted from CaptainNeo:

    I disagree. People will never improve themselves if you let stupidity run wild.

    Trying to correct stupidity combined with stubbornness is a major effort in futility. You have to just let it go.
    The guy tried, but you see it led nowhere.

    #11 2 years ago

    A liability policy isn’t too much. Worth the peace of mind.

    #12 2 years ago

    You can’t tell an idiot they’re being an idiot, that’s why they are an idiot.

    #13 2 years ago

    You need insurance, talk to your broker and explain your situation.

    The small disclaimer on your invoice will not protect you.

    #14 2 years ago

    As a person that runs a side business outside of their day job, I HIGHLY recommend you pickup an insurance policy. I can't stress that enough. Seriously.

    Anyone can sue you at anytime for any reason and defending yourself is expensive. Also, depending on your state, even if you win, you most likely can't counter sue for your attorney fees. The lawyer fees are going to be cheap compared to what you're going to be out if someone wins a judgment.

    Also, keep in mind that without the protection of an LLC, they are suing you as an individual. That means they can take your house, your investments and any other asset you possess.

    Most insurance premiums are determined based on risk and gross proceeds in a year. I suspect with just a few jobs and not a ton of risk, it will probably be relatively cheap. I would also recommend hiring an attorney to set you up with an LLC. That should run between $1,000 - $1,500.

    The cost of creating an LLC and the insurance premium is a small price to pay for being able to sleep at night knowing you're covered.

    #15 2 years ago
    Quoted from Spyderturbo007:

    As a person that runs a side business outside of their day job, I HIGHLY recommend you pickup an insurance policy. I can't stress that enough. Seriously.
    Anyone can sue you at anytime for any reason and defending yourself is expensive. Also, depending on your state, even if you win, you most likely can't counter sue for your attorney fees. The lawyer fees are going to be cheap compared to what you're going to be out if someone wins a judgment.
    Also, keep in mind that without the protection of an LLC, they are suing you as an individual. That means they can take your house, your investments and any other asset you possess.
    Most insurance premiums are determined based on risk and gross proceeds in a year. I suspect with just a few jobs and not a ton of risk, it will probably be relatively cheap. I would also recommend hiring an attorney to set you up with an LLC. That should run between $1,000 - $1,500.
    The cost of creating an LLC and the insurance premium is a small price to pay for being able to sleep at night knowing you're covered.

    Thanks for the good advice Spyder. Im gonna look into insurance for sure.

    #16 2 years ago
    Quoted from Heaterguy:

    Thanks for the good advice Spyder. Im gonna look into insurance for sure.

    Happy to help.

    #17 2 years ago
    Quoted from Spyderturbo007:

    As a person that runs a side business outside of their day job, I HIGHLY recommend you pickup an insurance policy. I can't stress that enough. Seriously.
    Anyone can sue you at anytime for any reason and defending yourself is expensive. Also, depending on your state, even if you win, you most likely can't counter sue for your attorney fees. The lawyer fees are going to be cheap compared to what you're going to be out if someone wins a judgment.
    Also, keep in mind that without the protection of an LLC, they are suing you as an individual. That means they can take your house, your investments and any other asset you possess.
    Most insurance premiums are determined based on risk and gross proceeds in a year. I suspect with just a few jobs and not a ton of risk, it will probably be relatively cheap. I would also recommend hiring an attorney to set you up with an LLC. That should run between $1,000 - $1,500.
    The cost of creating an LLC and the insurance premium is a small price to pay for being able to sleep at night knowing you're covered.

    And that LLC better keep damn good records or they will do their best to pierce the veil if they determine that you have any personal assets that are worth their time.

    #18 2 years ago

    Get a commercial liability umbrella policy. They are super cheap.

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