This is an opportunity that just fell in your lap.
It happens all the time.
See the builder AND the foreman both know the crap on the glass is from some jay cat rookie because they chose to use the cheapest bidder.
This is what they get.
So, you need to let them know this is wayyyyy above and beyond the scope of work and teeters on the redonkulous.
Give them your price (have a number already and don’t budge).
Tell them “man, if I were you I’d backcharge the crap outta that painter…make HIM pay for it”
They will call the painter and tell him to get his ass to the site and clean his crap or he’ll be made to pay the window cleaner to get it off outta his check.
That painter is on 6 other jobs…remember he’s the cheap guy. He can’t be at that site. He’s going to tell them to have you do it…
or the other scene is they won’t want them back to the site because if they did that they’re probably going to go as fast as they can to get outta there and scratch the hell outta the glass…they’ll probably just pay you the extra to do it.
This only applies in some states. Those states have deemed that a “take-it-or-leave-it” waiver is against public policy and unless the customer has some bargaining rights, the waiver is unenforceable. Not every state has that requirement. That’s why it is important to have a reputable attorney look at any contracts or legal documents you use in your business.
My waiver complies with state law by (1) being specific to tempered glass only, (2) uses language that an ordinary consumer can readily contemplate (no “fine print”), and (3) releases me from the liability of damage caused by a specific condition (fab debris) only, not all liability in general. In my state those are the main things the court will look at to determine the validity of the waiver should a situation ever arise to that level.
Even so, my attorney says not to put too much trust in a waiver, they get thrown out of court as “unenforceable” all the time, so it’s best to have a good one because it can be a strong defense tool if properly worded.
so gonna bump this and post a new waiver type thing I came up with gives the customer the choice at the end of the day its not on us anymore…
In the performance of routine cleaning we have discovered stuck on debris such as paint, concrete, silicone etc.
There are 3 options we have with these stuck on debris, as they are not covered in the routine cleaning:
Option 1: the debris remains charge remains the same.
Option 2: We remove the debris using safe non scratching pads with desolving agents: additional charge $1.50 per minute ( may take up to 1 hour per pane of glass worst case scenario)
Option 3: We use the old school method of using a window cleaning scraper to remove the debris: additional charge $25 per pane (choosing this method we take no responsibility on the end condition of the glass, many glass manufactures do not condone nor recommend the use of large window cleaning scrapers/razors this process may result in scratches to the surface, As the glass manufactures also state that the glass should be covered throughout the construction process so these debris do not get stuck on the glass.)
Please choose and option be aware that option 3 removes us from any liability of scratched glass, option 1 and 2 will not cause any scratches any scratches uncovered during the cleaning process were present before the cleaning process started.
