Disclaimers

Pilotbiker

Hello all,

Does anyone know if there any specific legislation regarding the minimum size and positioning of disclaimer signage? If so, could you point me to it, as I can find anything on the web applicable to Ireland.

I'm currently arguing with an insurance company after significant damage was done to a car in a car wash. They argue that the disclaimer at the site absolves them from liability, even though: (a) the disclaimer is impossible to read from the car (b) there is no disclaimer at point of sale (you must buy token before entering car wash, where disclaimer is sited) and (c) the person behind the till specifically said the model of car in question would be safe to put through the car wash.

Thanks,

PB

NoQuarter

No legislation as far as I'm aware but there is a few cases on it. Does the disclaimer limit liability or completely exclude them from it?

Pilotbiker

The disclaimer says vehicles of a certain type (spoilers, soft tops, poor windows or roof seals) are used at owners' risk. There is also a general disclaimer saying no responsibility accepted for loss or damage.

Beano

Pilotbiker wrote: »

The disclaimer says vehicles of a certain type (spoilers, soft tops, poor windows or roof seals) are used at owners' risk. There is also a general disclaimer saying no responsibility accepted for loss or damage.

Does your vehicle fit into any of those categories?

Pilotbiker

Beano wrote: »

Does your vehicle fit into any of those categories?

Yes, it has a spoiler (though this is an integral part of the car, rather than an aftermarket item).

Beano

presumably it was the spoiler that was damaged?

Pilotbiker

It was indeed.

Beano

to be honest i would have thought bring a car with any kind of spolier through a car wash was asking for trouble.

I thinking you're in trouble legally. a) above implies that there was a sign. and b) and c) i would say are irrelevant.

NoQuarter

Its not going to be a clear cut case, there is room for lots of interperetation on both sides.

There is a contract between you and the garage, in order to exclude liability in a case like this, the law states that "reasonable steps" have to be taken to bring the clause to the attention of the affected party.

The problem is, my dog and his mother would know that a car with a spoiler shouldnt go through a car wash, whether you asked the staff or not, so that might be a problem for you.

The law in relation to the timing of the clause does say that it should be at the point the contract was made, ie, the point of sale and not afterwards so that is a good point for you.

If the company still disputes it, you will have to either go to small claims court, get yourself a contract law book and have a good read of it or else go get a solicitor. We cant give you legal advice here because its against the charter so like i said, its not a clear cut case but if the damage is a lot, its probably worth going to see a solicitor.

Beano

NoQuarter wrote: »

...
The law in relation to the timing of the clause does say that it should be at the point the contract was made, ie, the point of sale and not afterwards so that is a good point for you.
...

Is that strictly true? I am thinking in terms of software sales where if you dont agree with the conditions imposed after the sale (the usual "i agree to the terms and conditions box that you get on install) that you can return it for a refund. If the garage were willing to give a refund if the car owner discovered subsequent to the sale but priot to use of the service that they could not use the service then they might be covered. This is not legal advice btw merely conjecture.

Pilotbiker

Many thanks for the informative replies.

I understand the principle that a contract had been entered into and I'm quite sure that reasonable steps weren't made to inform my wife (who used the car wash) of the terms and conditions. This is why I asked the originial question: the sign can only be read after making purchase; and the signage is positioned and at such an oblique angle to the driver that it's impossible to read (the disclaimer part about spoilers is at ground level, in very small type).

If a clear-cut sign were placed in full view, there would be no argument, and my wife wouldn't have risked damage to her car. The fact that she was told by a representative (who actually looked at the car to check make and model before selling the token) that it would be fine to use is particularly irksome.