Dyno Disclaimers?
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Joined: Sep 2004
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From: Omaha, NE
Dyno Disclaimers? How common are diclaimers at dyno shops? We have never used them at our shop but it is getting apparent that we should use them, too many things to go wrong that we don't have any control over. Today in this increased world of litagation and courts that increasingly side with the consumer, tuners are very exposed.
A recent example, because our tuning shop does not dyno tune computers that we are not familiar with, we give (used to give) the customer the option of bringing their own tuner and we just run the dyno. Well, this customer's tuner shows up with the customer's car without the owner, we dyno, he tunes. The next day the owner's supercharged car blows up, in a registered letter from an attorney, we are asked to pay for the engine or get sued, his tuner now states that WE did the tuning. Like always, we are being advised to just pay because the cost of defending could exceed the $6500 being asked for the engine. Personally, I would be willing to pay these legal fees or more just to see the tuner lie on a stack of Bibles. But like stated previously, I don't fully trust courts, especially when they usually favor the consumer and it could cost these fees plus an engine. Have to decide what to do but disclaimers and higher dyno prices are long past due, I'm the dumby.
A recent example, because our tuning shop does not dyno tune computers that we are not familiar with, we give (used to give) the customer the option of bringing their own tuner and we just run the dyno. Well, this customer's tuner shows up with the customer's car without the owner, we dyno, he tunes. The next day the owner's supercharged car blows up, in a registered letter from an attorney, we are asked to pay for the engine or get sued, his tuner now states that WE did the tuning. Like always, we are being advised to just pay because the cost of defending could exceed the $6500 being asked for the engine. Personally, I would be willing to pay these legal fees or more just to see the tuner lie on a stack of Bibles. But like stated previously, I don't fully trust courts, especially when they usually favor the consumer and it could cost these fees plus an engine. Have to decide what to do but disclaimers and higher dyno prices are long past due, I'm the dumby.
A disclaimer is a very good thing to have.Make sure a lawyer draws it up.You are inbetween a rock and a hard place on this one.We always disclaimer any tuning/performance work that it can damage the motor.Your just getting the shaft because you just ran the dyno while someone else tuned.
I'd personally beat the crap out of the tuner
I'd personally beat the crap out of the tuner
That really sucks man. I wouldn't give up and pay for something I didnt cause. I would let it go to court, let them know you didnt have the software, it was BROUGHT to your shop, you just rented dyno time.
Was the software something you don't even have yourself? If so that would be great, you could plead that you don't even have that and thus the reason the other guy tuned it. Just a thought.....
Good luck!
Was the software something you don't even have yourself? If so that would be great, you could plead that you don't even have that and thus the reason the other guy tuned it. Just a thought.....
Good luck!
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From: Omaha, NE
Originally Posted by BriancWS6
Use that for all it's worth man!
Uum, I was told that it was suppied with the supercharger, I think one of the advertisers here, you'll get me sued from here to.
You should deff use a disclaimer. Just this past year one of my friends that has a dyno shop did a tune on this truck during one of the runs the driveshaft let go. The guy asked if it was from the tuning. Another guy said that we were giving the wrong A/F ratio because the sniffer was in the tail pipe and the wideband wasn't installed in his o2 sensor hole. It's just some people are messed up in the head and want something bad to happen to there car so they can bitch so that's why you have to have a disclaimer.
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Originally Posted by dynocar
Uum, I was told that it was suppied with the supercharger, I think one of the advertisers here, you'll get me sued from here to.
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From: Omaha, NE
Originally Posted by BriancWS6
I am just saying that it wasnt a program that you personally have in your shop, thus the reason YOU didnt tune it, cause you weren't familiar with it, etc. Just tryn to help man.....
We have a Disclaimer that sits on the dyno desk... Every customer who straps down must read and sign it. There are simply too many idiots in this world and too many things that can go wrong on the dyno.
**We also included in the waiver personal Injury... IE flying parts if something blows up.... Cant CYA enough these days!!!
Goodluck on the suit!!! Legal fees are expensive, but if you won atleast you could sleep at night knowing the dickbag didnt get the best of you.
**We also included in the waiver personal Injury... IE flying parts if something blows up.... Cant CYA enough these days!!!
Goodluck on the suit!!! Legal fees are expensive, but if you won atleast you could sleep at night knowing the dickbag didnt get the best of you.
Thread Starter
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From: Omaha, NE
You know what, if I did have a disclaimer, I would have to lie to say I did tune it before it would cover me, right? My head is starting to hurt, to bad I quit drinking a few years ago.
Do you think they may be putting up a strong front knowing their chances are good you will settle? Too bad they didn't videotape the session, it could help your case. Wouldn't the dyno runs themselves exonerate you?
Back to your question, the waiver I signed was so stringent it probably wouldn't stand up in court. For example, one part stated that even if they were negligent, they could not be held responsible. Yeah, get a lawyer to draw it up since the one I signed was overkill.
Back to your question, the waiver I signed was so stringent it probably wouldn't stand up in court. For example, one part stated that even if they were negligent, they could not be held responsible. Yeah, get a lawyer to draw it up since the one I signed was overkill.
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From: Omaha, NE
Originally Posted by Bader-X
if you won you would still pay the lawyer? not the losing part paying for everything and you walk away with just wasted time?
The plot thickens, If I pay now, the owner (an attorney) is asking that I only pay 1/2 his expenses ($6300) rplacement engine plus storage plus car rental etc.. If I lose in court, I pay 100%, $12,600 plus legal expenses etc., hey, I'm not complaining, this goes with the priveledge of owning a business.
Originally Posted by dynocar
If I won, it's estimated that I would still pay approx $6000 in defending myself.
The plot thickens, If I pay now, the owner (an attorney) is asking that I only pay 1/2 his expenses ($6300) rplacement engine plus storage plus car rental etc.. If I lose in court, I pay 100%, $12,600 plus legal expenses etc., hey, I'm not complaining, this goes with the priveledge of owning a business.
The plot thickens, If I pay now, the owner (an attorney) is asking that I only pay 1/2 his expenses ($6300) rplacement engine plus storage plus car rental etc.. If I lose in court, I pay 100%, $12,600 plus legal expenses etc., hey, I'm not complaining, this goes with the priveledge of owning a business.
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From: Albuquerque NM - The Land of 8000ft DA
Originally Posted by dynocar
If I won, it's estimated that I would still pay approx $6000 in defending myself.
The plot thickens, If I pay now, the owner (an attorney) is asking that I only pay 1/2 his expenses ($6300) rplacement engine plus storage plus car rental etc.. If I lose in court, I pay 100%, $12,600 plus legal expenses etc., hey, I'm not complaining, this goes with the priveledge of owning a business.
The plot thickens, If I pay now, the owner (an attorney) is asking that I only pay 1/2 his expenses ($6300) rplacement engine plus storage plus car rental etc.. If I lose in court, I pay 100%, $12,600 plus legal expenses etc., hey, I'm not complaining, this goes with the priveledge of owning a business.
Pay the $10k for supposed injuries from a job, or pay $15k in legal expenses plus asking amount.
Either way a piece of **** is a piece of ****.
What a screwed up world we live in.
Who paid you for use of the dyno, him or his tuner? Since he was not there, I can only assume that his tuner paid you for your services. What is on that invoice. (I assume dyno time only)
In a logical world (this goes out of the window with lawyers) there should be no way an apparent third party can make claims for damages not occuring at your place of business.
Dyno waivers are very common based on my expierence. I would reccomend asking this over at the EFI tuners forum as well.
Just a guess based on this attourneys actions, is he an ambulance chaser/personal injury attourney? My gut feeling says yes.
Good luck in this situation.
Ryan
Who paid you for use of the dyno, him or his tuner? Since he was not there, I can only assume that his tuner paid you for your services. What is on that invoice. (I assume dyno time only)
In a logical world (this goes out of the window with lawyers) there should be no way an apparent third party can make claims for damages not occuring at your place of business.
Dyno waivers are very common based on my expierence. I would reccomend asking this over at the EFI tuners forum as well.
Just a guess based on this attourneys actions, is he an ambulance chaser/personal injury attourney? My gut feeling says yes.
Good luck in this situation.
Ryan