Disclaimers???

[powercity]

I got a call to open a 5 lever union door which had been superglued. The guy had id verifying that he lived there. I had to drill the lock and then with brute force and acetone I opened the door. Along with my usual common practice I left a sticker with my name and number on it on the letterbox. A couple of days later I received a letter from "the owner" looking for the door to be replaced at my expense. It turns out the tenant ( did not have the authority to call the locksmith), anyway the problem is not unsurmountable.
My question, does anyone have a standard disclaimer that they would get the customer to sign indemnifing the locksmith on the job?

Thanks in advance!!!!!!!

[JackNco]

I don't see why the tenant wouldn't have the right to get in to his own property. I mean what are you meant to ask for ?

[Kaotik]

The tenant is not the owner, he is the renter therefore not owning the property in question.

The same situation would be that an apartment renter called a locksmith instead of calling the office (who would have the authority) to make the call or gain entry by other means and replace the lock themselves.

To the OP, just write out a disclaimer for the customer to sign stating that they are the owner of the property, if they're not and your confronted by the actual owner, showing them the original form will get you off the hook and the tenant will have to fit the bill.

[NickBristol]

Here's the disclaimer I get customers to sign before starting a job, in addition to checking and recording ID etc. The actual contractually enforceable bit is the terms & conditions on the reverse of the invoice, which are a solid A4 page in 6 point text drafted by a proper lawyer who owed me a favour.

The actual disclaimer was written by me, a non-legally trained vaguely literate locksmith so rely on them at your peril and own risk - I strongly recommend you don't solely rely on this and get proper professional advice. It's published here for information only with no warranty as to its fitness for purpose.

"I, the undersigned, accept the terms and conditions as attached and agree to be bound by them. I assert that I am either the Legal Owner of the property or I have the full consent of the Legal Owner to act in their absence as their Agent and accept all legal responsibility for any and all work carried out. I accept that it may be necessary to use force to gain entry and I indemnify [company name] against any damage, howsoever caused, to the property in order to gain entry."

[powercity]

Probarbly using the word DISCLAIMER is wrong and I dont really know what the legality of getting someone to sign it particularly if they are not entitled to sign it would be, however I think if it can be shown that you made an attempt to draw the customers attention to the possiblity of damage being caused (allowing for the fact that the lock was superglued!), I think your ass is well covered.
In the meantime I contacted the tenant to tell him about the letter I received. He told me to ignore it as his Landlord was just looking for an excuse not to refund his deposit.

I think I will get a rubber stamp with a disclaimer on it which I can attach to the invoices at the door. Imagine the consequences of damaging the rubber seal around a Lexus!!!!