Damage by error

[re_solidworks]

I do not discuss what the lawyer said, also because there are "contractable" points for example the 8 days from the discovery who tries them? or the fact that the customer is not sufficiently experienced to be able to judge the work... Well, what's he doing? Isn't it industry? Did he improvise an entrepreneur?
apart from this we need a reflection. if a customer wants a work comparable to that of his interior designer and that is free from civil liability then ok, the fares that turn can be accepted. in the event that civil liability should be included (and here we must put a border "to where") things should change. I think an increase of 5/10 €/hour is the minimum to include any damage.
this is a fairly clear case, but there are cases much more nebulous. for example if I make the drawings and details come true and fit everyone correctly, an engineer does the checks and nothing breaks and maybe we follow some solution requested by the customer (that we do not share but that we adopt so much to bind the donkey where the master wants) and then the machine does not work well? here it becomes very difficult to tell who has wrong what and the measure of responsibility of each.
that is why it would be the case of making a written contract in which the responsibilities we want to take are explicit. paradoxically if I sold my work not as design but as graphic processing and in the aforementioned explicit contract that I do not feel responsible for the mechanical aspect of the solutions and that the designs must be controlled and approved by their technical office before proceeding, how do we put it?
Obviously, always assuming that a contract like this is approved by the client. . .

 

[re_solidworks]

I think that this type of "standardization" of relationships with customers (especially today in crisis) should be at the first point of the agenda of category associations. instead of thinking about making "cartel" on lists that then so much does not respect anyone, a beautiful "standard contract" at national level could help to make clarity and to "sveltire" the solution of litigations that then serve only to fill the pockets of lawyers.

in my opinion all the associations of category are comparable to the parties and serve mainly to weight "the public machine". none of us is minimally protected (that either employee, craftsman or entrepreneur does not matter) from its association. the purpose of the associations is not to find a balance that checks in a fair way the resources but to throw targeted slogans to increase the number of members / associates.

 

[PaoloR1]

know that my client asked me 1,350,00€ for damages to be paid on the invoice.
I also bring you to know (always that you did not know) that for us artisans there is no insurance that covers errors, so I informed my client that there could be two roads for future works: or it turns to a professional, then enrolled to an albo, and then responds the insurance, or I sign a manleva with deductible from any errors.......... It has offended me that this proposal is inappropriate. :angry:

 

[marcof]

know that my client asked me 1,350,00€ for damages to be paid on the invoice.
I also bring you to know (always that you did not know) that for us artisans there is no insurance that covers errors, so I informed my client that there could be two roads for future works: or it turns to a professional, then enrolled to an albo, and then responds the insurance, or I sign a manleva with deductible from any errors.......... It has offended me that this proposal is inappropriate. :angry:

I hope you find as soon as possible that job well paid to allow you to send affan#@#o those louseous squallids!

 

[PaoloR1]

I hope you find as soon as possible that job well paid to allow you to send affan#@#o those louseous squallids!

thank you, Marcof, is my own hope.

 

[IPdesign]

go quiet paolo, over time certain figurines are systematically scrambled by the list of customers.
It's natural to evolve things

 

[gil]

Is it always the technical fault? !
I think of an autonomous designer who, to live, every month, must handle orders for very high values compared to his gain.

for example I make the executive of a 25'000 kg steel shed, value 100'000 euros; the designer dubito takes more than 2'000 gross, that is, less than half, net if it is okay, to make all the executions of workshop and yard including the order of all the material specially prepared.
because there is the widespread idea that: “These are drawings, more or less like those of children in kindergarten do not serve”.

Yet it is enough a small mistake that if you compute all damages, (work hours of the enterprise, material, delays, rents of means, etc.) do 2'000 euros of damage is a moment.

Maybe it does well one who opened a consulting firm, deal with designing and drawings on behalf of third parties. an Italian company that uses designers in Romans and india.
if even a customer wins a cause, try, get the damage paid!

 

[alessiomi]

Excuse me.
I take this discussion to get advice.
When starting a delicate job I wonder if to avoid this kind of problem just sign a document like this letter to keep.
can it be enough to be protected or has no value?

Thank you.

 

[Meteor02]

unfortunately and rightly who is wrong pays... and it seems fair to me that you do the job properly.
"acception of the work by the client, without any remonstration, frees the lender
of work from any responsibility for difformity or vices of the same.
this, however, provided that the difformities or vices of the work are – at the time of delivery – known
to the customer or from him easily recognizable. "
here I know how your lawyer sees it but he probably has difficulty distinguishing the right from the left... to me it seems that the dx and the sx are easily recognizable. . .