Who is liable if damage happens when using a customers own tools?

We have invested heavily in the best lawnmower and tools available but we have one very nice but demanding customer who insists on us using his own lawnmower and other power tools. It doesn't matter what we say, he insists on us using them. But I've been thinking about what happens if his lawnmower or other tools breaks down whilst we are using it? Potentially there could be any number of reasons why it would break down that has nothing to do with us but if we are using it when it breaks down then I'm uncomfortable that the customer might point the finger at us and we be liable? Whilst he believes his tools are the best thing since sliced bread, I can't be sure they are serviced properly or anything like that. It just makes me uncomfortable.

Does anyone have any experience in this and whether id have grounds to get some sort of disclaimer I could get the customer to sign that states unless we cause damage by negligence, then we aren't liable?

I'd be interested to hear your thoughts.

Thanks

Replies

Billybop April 15, 2016 at 9:58pm

very strange...normally the householders who supply the kit get somebody in who is cheap and relatively unskilled and would not have their own tools...it sounds like they have spent a lot of money on the equipment and want to see it being used...I would tell them something like your insurers say you have to charge more to use the customers kit so the price will have to increase unless we can use our own
- Paul Johnson > Billybop April 15, 2016 at 10:05pm
  
  Thanks for your reply but the problem is, that wouldn't put him off! He'd simply pay more but that doesn't help our situation in terms of liability. I think you're right about wanting to see his tools being used. He even insists on us using his own backpack for herbicide! Very odd really but he's a wealthy slightly eccentric type who knows what he wants. Perhaps I could tell him that my insurers won't insure us to use his tools and conversely if one of our staff were to be injured by his tools, then he'd be liable?
  
  We like him very much and he pays for us to work 8 hours per week in his garden and pays 3 months in advance (no idea why, he just likes it that way) so I don't want to wind him up so maybe I'll just get him to sign a disclaimer? Goodness knows
Graham Taylor April 15, 2016 at 10:08pm

Have you discussed your concerns with the customer? As he sounds like a nice customer, I'm sure that if you explain your worries and come to an agreement, everything can be sorted out quite amicably........... you're even saving on the wear and tear on your own equipment. If you really want to make it official..... write down the details of your agreement and just ask him to sign it.
Billybop April 15, 2016 at 10:23pm

ha ha i just love crazy customers like that, probably he would enjoy getting his tools fixed or replaced when they break anyhow, probably just informally mention that if his kit breaks while you are using it it's his problem, sounds like he would be ok with this lol
Andrew Midgley April 15, 2016 at 10:42pm

I have a customer myself where I use his hedge cutter, strimmer and lawnmower even though I have these myself. I was using the strimmer last year and it began to play up. I pointed this out to my customer and he was ok about it and replaced it with a new Stihl one. I think in your case (like my customer), he want his tools and machinery used and if they break during the normal course of work then that's not a problem. Perhaps just clarify the situation by explaining if any kit break down in use, it will be his responsibility to repair it etc. Keep us posted!
Paul Johnson April 15, 2016 at 10:54pm

Good suggestions everyone. Thanks!
Benedict Simmons April 15, 2016 at 11:16pm

A simple email outlining your concerns, that way you have it in writing if there was a dispute in the future. Sounds like a good customer to me so worth keeping.