rental/insurance nightmare help.

[Scott Crawley]

Nah, they want to limit their liability that's not weird.

If it were me, I'd decline. It's a small claims case, and I believe most of those wind up in mediation. That $1200 offer they made might just serve as a starting point when negotiating a settlement. Unless they can show that the gear is in really poor condition and faulty when they received it, I'd say there is a low likelihood of leaving court with any less than $1200. I would approach it as if I had nothing to lose by saying no at this point. But that isn't legal advice, it's just what I would do.

 

[Emanuel A.]

Hey Mike, how are you?

Sure you should decline, this letter's intention is already a proof 'per se' of their own doubts on the real range of their own liability in the case.

Your "friend" shall pay everything as soon as you won't drop the thing. It is not even pretty at all what he's doing with you (testing your limits). I guess he'll still try the half as 2nd midway step of such deal-game. And if he's monitoring this thread... any decent party (if the case) in the business should be ashamed for this, no less. Sad to see.

The fact you're not disclosing the name of this party is already an asset by itself. It worths money in the right hands ;-) Internet can work out as a powerful weapon if used wise. It doesn't only serve as (positive) marketing tool.

Still missing your visit to Rome,

Emanuel

 

[Emanuel A.]

Where is this thread? I don't recall reading about this issue, and I'd love to be aware of this as it sounds like it could be very expensive!

David,

It was in the thread about "Red cable fried my EVF" - Jared closed the thread. Basically it happened to me but it fried my CPU. All my cable connections were fine but something went wrong in the cable - basically I was told replace your cables every year.

Yes, closed not deleted. Here is:

http://reduser.net/forum/showthread...le-destroyed-my-EVF-and-now-they-won-t-fix-it!

 

[Jon Thomasberg]

I would not sign. I am no attorney, but he is in effect offering 1/4 of the repair estimate as a "voluntary goodwill gesture" alludes to admission of guilt, and thus responsibility. Given what what you pasted, I would think that any judge would see through this as an offer in compromise (which is effectively what it is) -- money in consideration for waiver of liability. In the 2nd paragraph, he admits that he is responsible because he is asking that the money be consideration for the responsibility to be "resolved". The fact that in his offer it states there is something to be "resolved" gives you a clear insinuation of, and just short of an express admission of guilt. Any judge will read through that and see his admission of responsibility.

I know it sucks to take action on a supposed friend. At this point I hope you can see clearly that he only has his own interests in mind, and thus is no friend at all. You need to follow through on this and make him pay for the damage. If you took this to court I would be VERY surprised if you didn't prevail.

 

[Elmer Tenkink]

so..... the letter he wants me to sign is in!!!:



This is a letter confirming that "company name" will make a one time voluntary payment of $ 1,200 towards the repair of the "camera" used during the shoot of "shoot".

I confirm that I understand that by signing this letter and accepting this payment I will consider any and every responsibility of "company name" regarding any damage to my camera as resolved.

I understand that this payment of "company name" is in no way an admission of responsibility by "company name", but a voluntary goodwill gesture. I confirm that acceptance of the payment means that I will not make any further claims against "company name" in the present or the future.

I confirm that I am the sole owner of the "camera" and in that capacity able to sign this agreement and certify that I will not take any further action against "company name" neither in a court of law nor by undermining the standing of "company name/ person" with the Media Department of "organization name" with derogatory statements.


....

so ya. weird. right?

I would directly deal with the company and not with you friend any more.
If he rented on behave of the company, the company is responsible and insured for this kind of failures (or it should).

Personal I would make the company reliable for all days (and missed income) that you can't rent out or use your camera do to the damage they accured.


I don't no American law, so the best is to get advise from juristic advisor.
But don't sign anything before you get juristic advise!!!