Off Road Damage Disclaimer

Has anyone got some wording on their delivery notes saying that the customer accepts responsibility for damage once vehicle is off the road under their direction. Very occasionally I have to go to some places where the there is potential for damaging my truck or their property or getting stuck. Usually you get the old ■■■■■■■■, but I wonder if producing a form that they could sign to say they are responsible for any damage or recovery is practical or indeed worth the paper it’s written on.

I’m never going to allow myself to get stuck but I figure that they might not be so keen once there is a chance that they will have to foot the bill.

I know we use them, can email you a scan of one tomorrow evening if you want.

When on builders merchant work I use to have a green card I’d get them to sign if I thought it was a bit dodgy, just said if I was to damage anything my firm wernt paying, it was only there to put them off. Don’t think it would of held up.

Is your 8wheeler double drive?

Twoninety88:
I know we use them, can email you a scan of one tomorrow evening if you want.

Be handy cheers, might discourage some of the ■■■■■■■■■■■ I’m more concerned about cracking a visor or light on a branch than getting it stuck, but sometimes they’ll guarantee that bit of ground is like rock and you know that if you go near it you’ll need a serious machine to pull you out again.

Saaamon:
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Is your 8wheeler double drive?

No it’s an 8x2 tag axle, with a load transfer switch and difflock. Having had it for over a year I’ve been thoroughly impressed by it’s off road capabilities in quarries, mud, ■■■■■ and snow. I’ve found that careful throttle control and plenty of it has ensured that I’ve plugged through regardless, and think that there’s nothing in it between this 8x2 and an 8x4 FM I had a few years back.

That said I’ll probably sink the bugger up the axles tomorrow.

I’m not sure about things like mirrors on branches but you can definitely get them to sign to say they’re reponsible for professional recovery costs if you get stuck - as you say most go off the idea then.

yup, our says something like " I have instructed the driver to proceed off road and I/my company will accept full liability for any damage caused’ It also has a waiting time box which after an 55minutes you go and tell them you’re afraid your going to have to fill in in the next 5 and then you get tipped next :slight_smile:

I’m not bothered about waiting times, most of my loads are driven on and off or loaded with Hiab. I usually manage single handed, it’s just when someone wants a container just over there or a machine unloaded off the road to avoid shagging the tarmac up that these situations occur.

I was told on EPIC card course there is no legal power in those disclaimers. We have them, written where the customer signs. I’m sure we’ve claimed successfully for costs for damage caused off road.
Search “Catch 22” thread to see where they paid up for damage caused when I went off road…

Own Account Driver:
I’m not sure about things like mirrors on branches but you can definitely get them to sign to say they’re reponsible for professional recovery costs if you get stuck - as you say most go off the idea then.

so if he signs a piece of paper saying he will take full responcebility you’r ok. what if he
signs it with a falce name. 3 or 4 other workers on site. you go to court they’ll all deny it.

your word against theirs.

Yep, we have disclaimers on our time sheets, They have to provide company name, supervisor name, and site address.However my gaffa reckons its worthless, and merely works as a deterrent.

Owen

Our delivery notes state: Goods unloaded immediately alongside vehicle only. Customers ordering vehicle off the public highway do so entirely at their own risk and will be liable for any damage incurred.

Thanks for the replies, I’m not big on paperwork and generally I’ve got a can’t be beaten attitude. Don’t tell me I can’t do it, because I’ll be inclined to try and prove you wrong.

However when people tell me what I can do, when I’ve got good reason to suspect it can’t be done then I’m in no hurry to prove them wrong and me right.

I’d just like to have some backup plan for the odd and rare occasion when I say it aint gonna happen.

This may be a good idea for me , customers in rural Wales always want miracle deliveries off road , the company expect it done & the management winged when damage occurs , I always ring to explain the situation & just get told well its got to be delivered , see what you can do …

8wheels:
Thanks for the replies, I’m not big on paperwork and generally I’ve got a can’t be beaten attitude. Don’t tell me I can’t do it, because I’ll be inclined to try and prove you wrong.

However when people tell me what I can do, when I’ve got good reason to suspect it can’t be done then I’m in no hurry to prove them wrong and me right.

I’d just like to have some backup plan for the odd and rare occasion when I say it aint gonna happen.

You sound the same as me! :open_mouth:

Half the depot staff like you because you’ve got the ‘can do - will do - won’t be beaten attitude’, and still be safe doing your job.

The other half just want you to drown in health and safety! :imp: