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John Petersen (JVP) speaks on Andy MacNeill's FoxShow
Message
From
23/12/2005 03:08:10
Walter Meester
HoogkarspelNetherlands
 
 
To
22/12/2005 15:45:18
John Ryan
Captain-Cooker Appreciation Society
Taumata Whakatangi ..., New Zealand
General information
Forum:
Visual FoxPro
Category:
Contracts, agreements and general business
Miscellaneous
Thread ID:
01079331
Message ID:
01080438
Views:
21
>Walter, I can't comment on the Netherlands but in other jurisdictions, if your distributor screws up but has a good customer contract limiting liability, the customer may sue you instead of or in addition to the distributor.
>
>You might consider a simple, one-page enduser agreement that becomes an Appendix of your distributor's customer agreement and is signed along with it. It simply states the conditions under which you can be held responsible and the limit of your liability. As long as you make the remedies and liability limit reasonable (and your lawyer will be able to advise you what "reasonable" means), Courts will pay heed to such agreements. Or so I'm told!
>
>I know you're doing well, so it might be worth paying for an hour of a top commercial lawyer's time- I say "top" because an hour of such a lawyer's advice is far cheaper than cautious hedging from a lawyer whose hourly rate is less, but who expects to be paid to "investigate" areas of the law with which he/she is not familiar.

Hi John and Peter,

Your advise appriciated and certainly taken into consideration. Currently all legal issues with the big clients are taken care of by 3rd parties. As of smaller clients (I still got a few of those), I have a very good understanding with them personally (some of which are personal friends) and I don't see the need to do that, as you don't sign a contract when you let your car be repaired. If I go to a new client, that is going to be significant, I'm going to take a 3rd party with me who is going to take care of that, as on my own I'm not able to ensure much to the client in terms of support and ongoing development when I'm nor able to do so.

walter
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