# Exceptions To Warranty



## RemStar (May 8, 2010)

I was just writting my contract and was wondering if anyone could recommend things to exclude from the warranty (Special Conditions). 
Thx, any advice appreciated.


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## Grumpy (Oct 29, 2008)

I exclude subsequent damage. This is a controversial topic, however thinking about it for a minute. If you buy a washing machine and that machine breaks and leaks all over your 3rd floor, 2nd floor ceiling, 2nd floor carpet, 1st floor ceiling, first floor oak floors, basement ceiling, and the entire wall all the way down causing thousands of dollars damage... all your wash machine manufacturer will cover is fixing or replacing the machine. The repairs are on you or your home owners' insurance. Therefore if something leaks and that leak is caused by workmanship, I fix the cause of the leak. The rest is on the property owner's insurance.

I exclude acts of god, as I cover flaws in workmanship only. This is a tree falling on a house, a hail storm, a tornado. Etc... This is what home owner's insurane is for.

I excldue animal damage as I am not going to pay for a racoon making it's home in my customer's attic. Again their home owner's insurance will likely pay. 

I exclude materials defects since this is what a material warranty is for and why I promote only quality products and not those brands with 3 letters in their name.


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## RemStar (May 8, 2010)

Thanks , Super Helpful. I definatly agree with the subsequent damage part of the contract and will be including that.


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## RemStar (May 8, 2010)

Grumpy do you ever have customers that question you on the subsequent damage part of the contract? How do you respond to a client about it when trying to book a job. 

I really like the notion of it deferring the liability in this case and it makes perfect sense when explained with the washing machine story...but I am just not sure how people would actually respond if they had a wrecked ceiling and I tell them "Sorry, about your ceiling, I would call you insurance company if I were you because our contract clearly stipulates that I dont cover any damage resulting from poor workmanship"

Im guessing it would / will go badly if that occurs...especially when I tell them that Its not my problem/fault and I won't be fixing their damage.


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## RooferChip (May 17, 2010)

Rem, thats a great question and I deal with that also.

I would be interested to see how Grumpy handles that situation just to see how other people are dealing with it.

My warranty reads very similar to what Grumpy wrote...

Im guaranteeing to install the roof the correct way and according to the manufacturer's specs (correct # of nails, correct exposure, etc)

Im not covering tree damage, animal damage, etc...

Another thing that I am not covering is when they have other workers on my roof or if they have heating and A/C people in the attic moving pipes around then call me when the heater pipe is leaking.

I basically tell the H.O. that the roof is either installed the correct way, or it isnt. 

9/10 times that I find a leak after about 1 year from the installation date, its not workmanship.

Is this what you guys are finding?


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## Grumpy (Oct 29, 2008)

I answer their question the exact same way I explained about the wash machine. When ever a customer has a question I try to answer it in terms they understand, I think this is called an "analogy". I have had 2-3 people question me on it throughout the last few years since I added it. Most people don't even read what they sign, I had a customer yesterday impressed that we repalced the roof vents even though it said in the contract and I showed him with pictures during the presentation. Furthermore I add, that most no roofers I know of will warrant subsequent damage because it's like writing a blank check and if any salesman says they cover it, get it specifically in writing.

I added the clause to my contact because it came up one time and I explained to the customer that our guarantee is to fix the defect of workmanship only. At that time, I added it to the contract. Nobody had ever asked me before to fix the interior after a leak. It's actually only come up twice since I have been selling roofs, and I have been selling roofs since 2001. 

I have had a customer argue me about it after the fact, the leaks were not related to our roof, but to the parapet walls. I am currently dealing with her and it will likely end up in court. In this case the subsequent damages are not going to be our point of argument, but rather the fact that the leak isn't even our fault. She's just trying to get something for nothing however since I offered to have the manufacturer come out and inspect and agreed if she would agree to be bound by his decision. She said "If you aren't going to fix the inside, I don't want you fixing the outside." LOL ok.  

What ever you come up with have your lawyer review because it may or may not be legal in your state to exclude subsequent damages. Alot of roofers in other forums have told me I am wrong blah blah blah. I say to them Fug you, if the waterial manufacturers can exlude it, so can I. My lawyer said I would have a very hard time enforcing it in a court of law, but it could be enforceable. That's good enough for me, even though I don't know why there is a double standard.

Then again, I govenr my responses by a simple fact. If it's cheaper to fix than to fight, I fix every time. The only caveat is if I feel the customer is trying to get over on me, or take advantage of my good will... I will fight on principal alone. This is not something I recommend, but I have a hard time bending over and taking it. The bottom line is it's only for the lawyers to argue about. I may choose at my discretion to fix the interior damage, but I don't want to be contractually obligated to replace the mona list and a 50 bazillion inch screen TV, antique carpets etc...

Oh one other way of explaining it to customers is like I said above about the mona lisa and TV. Some unscrupulous customers may use a minor leak as a means to redocorating their entire house on my dime and fake damages, it does happen. Of that I am sure we can all agree. 


One other thing we can agree is to try to make sure it doesn't leak in the first place. LOL


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