all care no responsibility

[Oscar]

I can understand those points - if the mechanic acted a dick and wrote the bike off I'd expect him to pay but if it's actions of a third party (thieves, other drivers) that caused the damage, then they would have grounds for saying "nah, mate, we couldn't 'elp it."

It's the "All care" bit - if my bike falls off a stand or their mech rides it into a wall, they didn't take "all care" and are liable in my book. If they had the place locked up and some shit still manages to get in and wreaks havoc on a number of bikes, I would like for them to have some insurance to cover it but if they don't, I should have my own cover anyway. (If they are insured, "Yay, I keep my no claims bonus")

That said, I'd probably rather tyake my bike to a place that is covered against theft or accidental damage by third parties.

This is where the confusion between moral and legal liability comes in.
If your bike is in my locked workshop and some scum bag breaks in and steals it, I may feel bad, but I'm not legally liable for the theft. The only way any liability would attach is if the workshop was insecure.

Even if the shop was insured, some amount of negligence would have to be evident before a claim could be made (failure to secure the premises).

[Deano]

I THOUGHT I SAW ON "FAIR GO" THE ALL CARE NO RESPONSIBILTY THING DOESNT STAND UP IN COURT

There are certain Acts you cannot contract out of like Consumer Guarantees Act.

If someone is in charge of your bike (which they are when they agree to work on it) and it gets damaged, I think you could take them to court for negligence. Sign or no sign.

[Wolf]

This is where the confusion between moral and legal liability comes in.
If your bike is in my locked workshop and some scum bag breaks in and steals it, I may feel bad, but I'm not legally liable for the theft. The only way any liability would attach is if the workshop was insecure.

Even if the shop was insured, some amount of negligence would have to be evident before a claim could be made (failure to secure the premises).

So it's up to me to cover against theft unless it's evident that the company did not take "all care", fair enough.

Raises the question of insurance when the bike is taken for a test ride - if I have full cover but an under 25-years exclusion, I presume the onus is upon me to make that clear to the workshop staff so that they don't send their 24-year-old apprentice up the road on it.

[Beemer]

Holly shit, Motu, what are the odds of that happening?! We were going down the Ohope Hill one day and were overtaken by the wheel off some guy's trailer! He was behind us, trailing sparks all the way as his trailer dragged on the axle - the wheel bounced across the intersection and thankfully avoided doing any damage.

You're right Wolf, that lab wasn't my usual lab and they obviously thought grass was meant to be bright green! But the dust ended up being almost brown rather than gold so it should have given them a clue. I usually took my films to WPS and they were pretty good about getting the colour right. As for the wedding ones, I didn't ask for them to be redone, but the next time I got some done there (needed them in a hurry so had to get them done locally) I took some shots in so they could colour match them, but even then I wasn't impressed. Not only did they charge me to colour match them (yes!) but they ended up doing three copies in an attempt to get it right - which it still wasn't! For the price, I should have got on the bike and taken them through to E-Pics who did the originals!

[Motu]

It's the "All care" bit - if my bike falls off a stand or their mech rides it into a wall, they didn't take "all care" and are liable in my book. .

This isn't involved in the ''All care,no responsability'',I think you are all confused by what it means.It means they will take all care with your bike,and if anything happens under their care that THEY ARE RESPONSABLE FOR,then they will fix it,and be covered by their insurance,which will include a public liability clause for totaly off the wall stuff like the workshop burning down.They are trying to contract out of what their insurance won't cover them for,they are covered for what is required to run a lawful business,if they can't get insurance cover - they can't offer it to you,hence the disclaimer.

[Oscar]

So it's up to me to cover against theft unless it's evident that the company did not take "all care", fair enough.

Raises the question of insurance when the bike is taken for a test ride - if I have full cover but an under 25-years exclusion, I presume the onus is upon me to make that clear to the workshop staff so that they don't send their 24-year-old apprentice up the road on it.

Right.
Although if the Shop has a decent broker (like me ), they'll have a clause that includes "..customers vehicles, not otherwise insured."

[Oscar]

This isn't involved in the ''All care,no responsability'',I think you are all confused by what it means.It means they will take all care with your bike,and if anything happens under their care that THEY ARE RESPONSABLE FOR,then they will fix it,and be covered by their insurance,which will include a public liability clause for totaly off the wall stuff like the workshop burning down.They are trying to contract out of what their insurance won't cover them for,they are covered for what is required to run a lawful business,if they can't get insurance cover - they can't offer it to you,hence the disclaimer.

If your workshop burns down (thorugh no fault of yours) with my bike in it, it's my problem. Your liability insurer will not pay unless I can prove negligence.

[Motu]

If your workshop burns down (thorugh no fault of yours) with my bike in it, it's my problem. Your liability insurer will not pay unless I can prove negligence.

That's why I have a broker - I just ring him up and say....''ah,um...you see....um'' Nice to know you have a useful purpose in life - are you still in that side of things?

[Oscar]

That's why I have a broker - I just ring him up and say....''ah,um...you see....um'' Nice to know you have a useful purpose in life - are you still in that side of things?

I specialise in Legal Liability and Professional Indemnity.
It's really exciting