NSW How to Protect Myself from Unintentional Damages?

[Verpz]

Hi,

I run a word of mouth computer repair "business" (it isn't legally a business, I do not have an ABN, etc) and am thinking about advertising my services more. I'm worried about a client suing, etc from unintentional damage or damage that I did not even cause.

How do I protect myself from this? Insurance is expensive. Is there a waiver form I can make them sign?

Any suggestions would be much appreciated.

Thanks.

 

[Rob Legat - SBPL]

Short answer: yes, but it won't cover you for everything. Since you'll be offering the service for reward, you will be expected to apply due care and skill to your work.

 

[Verpz]

Short answer: yes, but it won't cover you for everything. Since you'll be offering the service for reward, you will be expected to apply due care and skill to your work.

How can I get a waiver form like this? I'm worried if I write it myself it will be invalid but I also cannot afford to pay a lawyer. What is the form called? Thanks.

 

[Rob Legat - SBPL]

If you could find a generic one to use, I doubt it would be of any real value to you. Any document which seeks to limit your liability needs careful drafting to make it applies to your circumstances - especially if you are dealing with consumer transactions.

With consumer protection laws only become more stringent, businesses which aren't careful about their documents can quickly find that their seemingly 'iron-clad' contracts are completely wiped out.

If you're serious about taking the appropriate steps to limit your liability, I suggest you find the money to engage a lawyer. This is not an area where 'something' is better than 'nothing'.

 

[Tim W]

How can I get a waiver form like this?

You can't, really.
Neither you nor your customers can contract out of the Australian Consumer Law protections.
Thing is, even today, ABN or not, low prices/ no-profit or not, for the purposes of the Australian Consumer Law,
you may well already be in operating "in trade or commerce", and so the ACL could well apply to you already.
You do need to manage the risks that come with that.

I'm worried if I write it myself it will be invalid but I also cannot afford to pay a lawyer. What is the form called? Thanks.

Being concerned is smart.
It's a good idea to invest the money in seeing a lawyer and an accountant
as part of becoming a properly set up business.
There are lots of lawyers who work in the sole trader/ micro-business/ personal services space.
You will also need appropriate insurances - and if you can't afford those, then you really cannot afford to be in business.