Need advice on customer installation contract

[Pixels Are Bad Mmmkay?]

We are a small sign shop that produces a variety of signs and we outsource things like post and panel systems and sign hangers. Because we are a two man operation, we typically only install post and panel signs, new electric sign faces, wall mounted signs, and typically nothing over twelve feet high. We simply don't have the manpower and resources to take on installing every job. However, in a case where we are to provide a pre-engineered sign system or a sign that the customer is to install per the engineering recommendations/requirements when applicable, is there a contract that we can have them sign to insure that they understand that they are liable if a sign or system they install fails?

For example, the customer buys a post and panel sign from us. We create the sign per the engineers specifications as far as weight and square footage (if and when required) and the customer is to install the post and panel to the engineers recommendations also (if and when required). However, if they fail to follow the instructions, or even if they don't, but a storm takes it down, or the cold weather heaves it up, is there anyway to have a contract in writing that covers these sorts of things and leaves the customer who did the installation (or another installer) liable for any financial and/or legal ramifications? We're just trying to cover all bases in case something happens to a sign and the customer ever tries to place any blame on us or the manufacturer. This has never happened, but again, we just want to try to cover this sort of thing, if it ever does.

Does anyone have a similar form that they might like to share? If not, what would be the best way to go about finding or producing a contract like this? Thanks, and I appreciate any feedback.

 

[signguy 55]

Don't think you need much of a legal contract. "XYZ Signs and its employees, past, present or future are not liable for any damages incurred for failure of sign installation since we didn't install it". Sub out the install and let your sub worry about it.

I get behind dump trucks all the time that have a bumper sticker that says "Not responsible for road objects." Or the local city playground that has a sign that says "Not responsible for accidents." It must be legal and it must work.

No need to overthink it in my opinion.

 

[CanuckSigns]

I agree, don't over think it.

We made a 4x8 MDO sign a few years ago for a client, put it on a sled and weighed it down with sand bags, it was up for over a year. One day we got a letter from a personal injury lawyer, turns out someone had slipped and fallen on our sign and injured themselves. I called my insurance company to let them know.

Turns out through the investigation that the owner of the property had decided that the sign would look better on the chain link fence, so they uninstalled it and hung it on the fence with 2 zip ties, they snapped, sign fell down, got covered in snow, someone walked on it and slipped.

My insurance company asked me if I knew about them mounting the sign on the fence, I said no, last I saw it it was on a 2x4 frame with 600 lbs of sandbags holding it down.

we were found 100% not responsible. I would imagine the same would happen in your situation.

 

[Z SIGNS]

Don't sweat it

Somebody buys a piece of plywood from home depot and installs it where ever.It blows down in a storm and kills somebody.You really think home depot is responsible ?
No different here

 

[Get Lucky]

I would contact a local lawyer and have them draft up a cover all contract. They will know what it needs to say along with the right terminology. The one thing people never understand is that lawyers have their own language. If it's not written properly it's not worth the paper it's written on. The reason I know this is because my wife is a lawyer. So do it right and have it written by a professional.

It would be like some guy going out and buying a sheet of plywood and roll of colored vinyl. Sitting down with a utility knife and cutting letters. Slapping those letters on the plywood to make a sign. WHHHHoooooooo he now has a sign shop.

Don't be the guy with a utility knife and get the proper council

Don't think you need much of a legal contract. "XYZ Signs and its employees, past, present or future are not liable for any damages incurred for failure of sign installation since we didn't install it". Sub out the install and let your sub worry about it.

I get behind dump trucks all the time that have a bumper sticker that says "Not responsible for road objects." Or the local city playground that has a sign that says "Not responsible for accidents." It must be legal and it must work.

No need to overthink it in my opinion.

The dump truck signs do not work they are simply a deterrent for you not file a complaint with the company. You have every right to go after the company for a windshield. It is the responsibility of the driver to secure his/her load under any condition.

 

[Andy D]

Don't think you need much of a legal contract. "XYZ Signs and its employees, past, present or future are not liable for any damages incurred for failure of sign installation since we didn't install it". Sub out the install and let your sub worry about it.

I get behind dump trucks all the time that have a bumper sticker that says "Not responsible for road objects." Or the local city playground that has a sign that says "Not responsible for accidents." It must be legal and it must work.

No need to overthink it in my opinion.

Yes and no, for a typical post and panel, I doubt you need to worry.
But a while back a guy started a thread about making a heavy acrylic sign that the customer wanted to hang from a high ceiling.. and the customer wanted him to rig up some type of hanging system..
He said that he didn't have to worry about it because the customer was doing the install.. yeah, he should worry.
This is not a case where someone goes into a store, buys something off the shelf, pays for it and goes out and does something dumb with it and gets someone hurt.

We're professionals and we have a professional relationship with our clients, there is a legal term called "duty to care" that typically applies to medical professionals, but not always.
Duty to care basicly means that we have an obligation to try and make sure our product isn't going to be used in a way that might get someone hurt.

In the case above I doubt a release would have help, you can't sign away negligence and nobody can assume it for you, in fact, a release form would have been proof that the guy knew his product was
going to be used in a dangerous way. The Court would have said the client had reason to rely on the knowledge of a person that portrays themselves as a professional, to know the proper way to hang a sign,
and the sign professional allowed the sign to leave his shop to be hung in a dangerous way by a unqualified person.

 

[Andy D]

To give a personal example, I wouldn't ever worry about typical banner orders but I had a lady from a large
real estate company call me a couple weeks ago, wanting a quote on a huge banner, I think it was a 30' x 60' banner.
She wanted to hang it high up, on the side of a newly built building in downtown Nashville.

It never would have passed codes, but even if it would have, I wouldn't have delivered it directly to her because she was going
to have her maintenance people install it... no freak'en way, we would have to do the install or she would need to prove that she was going
to have another qualified sign or erection company do it.

 

[Gino]

Today, everything needs to be clarified to the best of your ability. Then, take it to an attorney and have it written in legals terminology, in case it needs to be used. Don't leave it to chance.

Read the very last paragraph on the home page of this site. This is what protects this place from all the idiotic assumptions on so many members part.

 

[Pixels Are Bad Mmmkay?]

Thanks for all the responses so far. This is providing great food for thought. I think we will take the legal route just to be safe but I'd love to hear any other opinions on this.

 

[J Hill Designs]

Thanks for all the responses so far. This is providing great food for thought. I think we will take the legal route just to be safe but I'd love to hear any other opinions on this.

I just put "Permits, if applicable, and installation by others"

The engineering behind the installation should fall on whomever pulls the permits

 

[Pixels Are Bad Mmmkay?]

I just put "Permits, if applicable, and installation by others"

The engineering behind the installation should fall on whomever pulls the permits

Thank you. That actually makes a lot of sense.