wording???

Bradley M. Snook bsnook@pacbell.net
Mon, 13 May 2002 14:30:22 -0700


Naturally if you have any concerns you should contact your lawyer, but with
that being said I think that your disclaimer is not really that necessary.
It is a good idea though; it shows that you are thinking ahead! Your
disclaimer [might] give additional information that was not specifically
requested, and it could potentially cause your customer some problems. In
any case, I would not include "and may not be represented as having done
so." It doesn't really sound like a "standard" disclaimer, but something
that might apply specially to this customer.

Insurance companies generally do not pay claims because on a customer saying
that you said something, they generally want something in writing. I assume
that you are not familiar with your customer's specific insurance policy
terms. Some policies cover almost any kind of damage, whether it happens in
storage or not: damage is damage. On the other hand, some policies will not
cover normal wear and tear. But it doesn't not sound like you have been
asked for your "professional opinion" on the damage, so don't provide any.

I wouldn't assume that the customer is doing anything wrong, the damage to
the piano may actually be covered in his policy. That is between him and his
insurance company, so you wouldn't want to put yourself in the middle.

To give you an example: my violin is covered for almost everything, except
certain acts of war, a nuclear explosion, or other end of the world type
stuff. I pay a sufficient amount of money for protection like that, but I am
comfortable because I know that any loss or damage that I have would be
covered. With such an old instrument, things can easily happen, and they
often do.

I say, keep the customer unless you are asked to speculate on the cause of
the damage.

Bradley M. Snook



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