Would anyone be willing to publish their disclaimer as an example for us?
And what would be a good company to contact to ask about E&O policies?
Bill Brooks
PCB Design Engineer, C.I.D.+, C.I.I.
Tel: (760)597-1500 Ext 3772 Fax: (760)597-1510
e-mail:[log in to unmask]
-----Original Message-----
From: Cliff Gerhard [mailto:[log in to unmask]]
Sent: Thursday, March 31, 2005 12:11 PM
To: DXP Technical Forum
Subject: Re: [dxp] Question To PCB Designers On Liability
Anyone doing consulting should have a consulting agreement or standard terms
document that spells out payment terms, deliverables, data required from the
customer, changes in scope, etc. Without these things spelled out in
writing, you are more exposed if someone refuses to pay or sues. We have a
standard terms document that we attach to every Quote or Estimate.
On that document, we have a disclaimer to the effect of:
In the event of omissions or errors, we will correct the errors for no
charge. Our liability is limited to correction of drawings or documents
prepared by us.
I had a customer that bought larger quantities of boards on a 24 turn for
fabrication and expedited assembly with no proto (on the order of $10k
cost). They did it several times even though I told him it was a bad idea
and if there was any problem it would be on his nickel. There is no way
that I would assume $10k plus liability for a $1,200.00 job. Eventually
there was a problem and he learned the hard way. He also ended up stiffing
us for a large amount of money and leaving the state. Sometimes you wish
they had been scared off....
It's a jungle out there and you need to cover your butt.
Regards,
Cliff
o~~~~~~~~~~~~~~~~~~~~~~~~o
Cliff Gerhard, P.E.
E-M Designs, Inc.
emdesigns.com <www.emdesigns.com>
emmanufacturing.com <www.emmanufacturing.com>
gerhardeng.com <www.gerhardeng.com>
From: Rusty Land [mailto:[log in to unmask]]
Sent: Thursday, March 31, 2005 9:29 AM
To: DXP Technical Forum
Subject: [dxp] Question To PCB Designers On Liability
This question does not pertain to Protel but I thought it may be of
interest to all PCB designers, particularly consultants. Do any of you sign
agreements with your customers limiting your liability in the event of
errors and omissions on your part? Are you aware of any suits being brought
against PCB designers due to errors and omissions?
I haven't had any problems in the years that I have been consulting but
a customer recently told me they were skipping the prototype stage on a
couple of my boards and going straight into production. This has caused me
to look closely at liability issues. I could also see the case where someone
was injured or equipment damaged due to a failure of the board.
I'm trying to decide now if I should formulate such an agreement or
whether it would scare off more customers than it's worth.
Thanks, Rusty Land
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