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terms and conditions question

  • 16-11-2011 8:50am
    #1
    ANSI
    Closed Accounts Posts: 384 ✭✭


    What do people thinkof these terms and condition especially number 6? Is 6 reasonable?


Comments

  • #2
    chops018
    Registered Users, Registered Users 2 Posts: 2,458 ✭✭✭chops018


    ANSI wrote: »
    What do people thinkof these terms and condition especially number 6? Is 6 reasonable?

    The only one I read is 6 but it looks like they are just trying to keep themselves clear of claims, especially as their "bins" would most likely be a cause of something via a third party or a customer and not the company themselves, therefore breaking the chain of causation so they cannot be held liable, it might not always work but it does protect them in a way. Correct me if I'm wrong anyone, but that's the interpretation I get from it, again I just read 6.


  • #3
    ANSI
    Closed Accounts Posts: 384 ✭✭ANSI


    chops018 wrote: »
    The only one I read is 6 but it looks like they are just trying to keep themselves clear of claims, especially as their "bins" would most likely be a cause of something via a third party or a customer and not the company themselves, therefore breaking the chain of causation so they cannot be held liable, it might not always work but it does protect them in a way. Correct me if I'm wrong anyone, but that's the interpretation I get from it, again I just read 6.
    Does that mean, for example,if one of their trucks hit a car out side the house they would not be liable


  • #4
    chops018
    Registered Users, Registered Users 2 Posts: 2,458 ✭✭✭chops018


    ANSI wrote: »
    Does that mean, for example,if one of their trucks hit a car out side the house they would not be liable

    No they would be liable for such an incident as that, however there insurance would well cover such an incident. I'm assuming they are just covering themselves in something like where a person who has there bin leaves it on the road and someone hits into it or falls over due it being there and as a result the company cannot be liable as it was not the company itself who put it there, but the customer. Seems a bit of a grey area alright, very vague.


  • #5
    ANSI
    Closed Accounts Posts: 384 ✭✭ANSI


    chops018 wrote: »
    No they would be liable for such an incident as that, however there insurance would well cover such an incident. I'm assuming they are just covering themselves in something like where a person who has there bin leaves it on the road and someone hits into it or falls over due it being there and as a result the company cannot be liable as it was not the company itself who put it there, but the customer. Seems a bit of a grey area alright, very vague.
    Thanks for the feedback;). It does seem vague, if anyone else can comment would appreciate it


  • #6
    Victor
    Registered Users, Registered Users 2 Posts: 78,574 ✭✭✭✭Victor


    It would seem reasonable. What if someone was using an open wheelie bin to store a public health hazard? It would be well beyond the refuse collector's control, but their name is still on the bin.

    Having a similar condition on a skip on the public road might be prudent, but unreasonable.

    The practice of refuse collectors (including councils) abandoning bins to the four winds is something ripe for litigation against both the refuse collector and the customer.

    Any such operator should retain a solicitor who is versed in the relevant parts of the law (waste disposal, public liability, road traffic, etc.)


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