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Old 07-09-2004, 08:47 PM
Ken Richardson
 
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Default Insurance claim at flower show

A gentleman who attended our show complained two days later that the ink
from the stamp used as a pass out on the back of his hand got on to his
shirt and cannot be removed. Does he have any right to make a claim.from us
or should we direct him to the manufacturers of the stamp.
Thanks.


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Old 07-09-2004, 09:25 PM
Mike
 
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"Ken Richardson" wrote in message
...
A gentleman who attended our show complained two days later that the ink
from the stamp used as a pass out on the back of his hand got on to his
shirt and cannot be removed. Does he have any right to make a claim.from

us
or should we direct him to the manufacturers of the stamp.
Thanks.



His claim is against you I would imagine as he was a 'customer' at your show
and you stamped his hand. I would have then thought that you have a claim
against the stamp/ink manufacturers, BUT, did you buy the ink and the stamp
at the same time and was there any warning on the ink about keeping it off
clothing?

As a matter of interest, I took a group of people into Warwick Castle
recently and they operate the same system. Some red ink got onto my wife's
jacket and that has not come out. BUT, it was an oldish fleecy jacket and we
can't say we are too bothered as most has come out in the wash

Back to you, did you have insurance?

Mike


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Old 07-09-2004, 09:58 PM
Sacha
 
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On 7/9/04 20:47, in article , "Ken
Richardson" wrote:

A gentleman who attended our show complained two days later that the ink
from the stamp used as a pass out on the back of his hand got on to his
shirt and cannot be removed. Does he have any right to make a claim.from us
or should we direct him to the manufacturers of the stamp.
Thanks.


You will now get a raft of answers, each telling you something different.
Ask a lawyer or go to the CAB, and check with your insurance company first.
With respect to all other skills, how would amateur gardeners be in a
position to give you a definitive answer to such a question?
--
Sacha
www.hillhousenursery.co.uk
South Devon
(remove the weeds to email me)


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Old 07-09-2004, 10:02 PM
andrewpreece
 
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FWIW do not involve solicitors in this. They simply contribute to the sum
total of human unhappiness. They get paid whether you win or lose ( so what
is their motivation to do well by you? ).

You should also dispense with the idea that a lawyer will be able to
give you a definitive answer as to whether you have any liability. The law
is not a science, it is about adversarial banter, precedent, being able to
wheedle out arcane excuses, and not least, what the personality of the judge
is like.

Make the man an offer but don't let him take you for a ride, i.e.
don't admit liability but make a goodwill gesture, write 'without prejudice'
etc as you have been advised on correspondence. Learn from this and make
sure if you use ink next time you also blot people's hands afterwards and
warn them not to get it on their clothes. It'll be miles cheaper than a
lawyer.

And, no, I'm not a lawyer; I have though, had the misfortune of engaging
several.

Andy ( who knows that British law is the best in the world......that money
can buy....)


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Old 07-09-2004, 10:23 PM
Richard Sterry
 
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"Sacha" wrote in message
k...
On 7/9/04 20:47, in article , "Ken
Richardson" wrote:

A gentleman who attended our show complained two days later that the ink
from the stamp used as a pass out on the back of his hand got on to his
shirt and cannot be removed. Does he have any right to make a claim.from
us
or should we direct him to the manufacturers of the stamp.
Thanks.


You will now get a raft of answers, each telling you something different.
Ask a lawyer or go to the CAB, and check with your insurance company
first.
With respect to all other skills, how would amateur gardeners be in a
position to give you a definitive answer to such a question?


If there is just the one claim, wouldn't it be much better PR, and far less
hassle, to be magnanimous and just buy the guy a nice new shirt? I mean,
it's unlikely that the floodgates will open and 100 of his mates will
suddenly make a claim for a new shirt!

Rick




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Old 07-09-2004, 10:28 PM
Toy
 
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"Ken Richardson" wrote in message
...
A gentleman who attended our show complained two days later that the ink
from the stamp used as a pass out on the back of his hand got on to his
shirt and cannot be removed. Does he have any right to make a claim.from

us
or should we direct him to the manufacturers of the stamp.
Thanks.



I would not give him the shirt off my back..............

tell him to claim off his household insurance.

toy


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Old 07-09-2004, 10:30 PM
Peter Crosland
 
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A gentleman who attended our show complained two days later that the
ink from the stamp used as a pass out on the back of his hand got on
to his shirt and cannot be removed. Does he have any right to make a
claim.from us or should we direct him to the manufacturers of the
stamp.


The stamp manufacturer or supplier have no liability to him. The flower show
organisers may do but it will be very small. At most he is entitled to value
of his second-hand shirt which unless it is something quite exceptional will
be no more than £10 and probably much less. He is not entitled to a new
replacement. Even assuming the organisers had public liability insurance
there would almost certainly be an excess of far more than the value of the
shirt. Offer him a fiver and free entry to next year's show. If you have to
send a letter to him make sure you put the words "Without prejudice" so that
the offer can be withdrawn if he is stupid enought to go to court.

gee six jay en

Replace the words with the numbers to email me


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Old 08-09-2004, 12:54 AM
Phil L
 
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Ken Richardson wrote:
:: A gentleman who attended our show complained two days later that
:: the ink from the stamp used as a pass out on the back of his hand
:: got on to his shirt and cannot be removed. Does he have any right
:: to make a claim.from us or should we direct him to the
:: manufacturers of the stamp.
:: Thanks.

This is a ridiculous claim, what if he got egg yolk on it, would he be
claiming from the chicken?
You put the ink on his hand, *he* put it onto his shirt himself.


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Old 08-09-2004, 06:32 AM
Franz Heymann
 
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"Ken Richardson" wrote in message
...
A gentleman who attended our show complained two days later that

the ink
from the stamp used as a pass out on the back of his hand got on to

his
shirt and cannot be removed. Does he have any right to make a

claim.from us
or should we direct him to the manufacturers of the stamp.


Where on earth did this incredibly stupid idea of stamping a visitor
instead of issuing a ticket originate? If the ink is indelible, the
visitor could complain that it can't be removed, and if it is not
indelible, her own sweat could make it stain her clothes

Franz


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Old 08-09-2004, 08:40 AM
PK
 
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Franz Heymann wrote:
"Ken Richardson" wrote in
message ...
A gentleman who attended our show complained two days later
that the ink from the stamp used as a pass out on the back of
his hand got on to his shirt and cannot be removed. Does he
have any right to make a claim.from us or should we direct him
to the manufacturers of the stamp.


Where on earth did this incredibly stupid idea of stamping a
visitor instead of issuing a ticket originate?


when people stopped being honest and started handing tickets to people who
had not paid.

We (school) run a charity bonfire each year. Last year there was real
suspicion that tickets (Photcopied on the school copier to keep costs down)
were being forged. We may have to go for more expensive but secure tickets
next time.

pk





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Old 08-09-2004, 08:58 AM
BAC
 
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"Ken Richardson" wrote in message
...
A gentleman who attended our show complained two days later that the ink
from the stamp used as a pass out on the back of his hand got on to his
shirt and cannot be removed. Does he have any right to make a claim.from

us
or should we direct him to the manufacturers of the stamp.
Thanks.



Assuming you arranged insurance, you may find that your policy terms require
you to notify your insurers immediately on becoming aware of circumstances
which may give rise to a claim, even if the likely damages are less than the
policy excess. It might be advisable to contact your insurers, possibly via
your brokers, prior to responding to the complainant, for advice as to how
to proceed, if you have not already done so.

If you did not arrange insurance, you're on your own. The complainant has 'a
right' to seek redress against any one or anybody he considers liable,
regardless of your views on the matter, although that does not necessarily
mean he would be successful in an attempt to pursue a case before the
courts.

If he is only claiming the cost of a new shirt, how does that compare with
the cost of consulting a solicitor, defending a claim, etc?


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Old 08-09-2004, 09:13 AM
David Hill
 
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Franz asked "Where on earth did this incredibly stupid idea of stamping a
visitor instead of issuing a ticket originate? If the ink is indelible, the
visitor could complain that it can't be removed, and if it is not indelible,
her own sweat could make it stain her clothes ......."

Where have you been all these years Franz?
I remember this being used 40 years ago as a safe way to prevent ticket
passing.
In all these years I have never heard of the ink marking any clothing, it's
normally dry in less than a minute.

All I can think is that there must have been far to much ink on the pad, or
else someone is pulling a fast one. The ink washes off your hand in a couple
of washes
I think I would offer to have the shirt cleaned or just offer to replace it
(Having been given the damaged shirt first ).

--
David Hill
Abacus nurseries
www.abacus-nurseries.co.uk




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Old 08-09-2004, 09:17 AM
Mike
 
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when people stopped being honest and started handing tickets to people who
had not paid.

We (school) run a charity bonfire each year. Last year there was real
suspicion that tickets (Photcopied on the school copier to keep costs

down)
were being forged. We may have to go for more expensive but secure tickets
next time.

pk



Don't photocopy them onto plain paper. Viking Direct a very good mail order
company dealing with everything for the office, do a very great range of
different papers either with a design running across the whole sheet so that
when you cut them up, only a bit of the design comes through, or different
coloured papers. The latter is very useful for identifying groups.

And let only one person have access to the paper ;-))

Mike




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Old 08-09-2004, 10:27 AM
Franz Heymann
 
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"PK" wrote in message
...
Franz Heymann wrote:
"Ken Richardson" wrote in
message ...
A gentleman who attended our show complained two days later
that the ink from the stamp used as a pass out on the back of
his hand got on to his shirt and cannot be removed. Does he
have any right to make a claim.from us or should we direct him
to the manufacturers of the stamp.


Where on earth did this incredibly stupid idea of stamping a
visitor instead of issuing a ticket originate?


when people stopped being honest and started handing tickets to

people who
had not paid.


In days of old, one bought a roll of numbered tickets. By checking
the initial and final numbers on the roll, one had a check on the
amount of money the seller has to hand over. It worked like a dream.

We (school) run a charity bonfire each year. Last year there was

real
suspicion that tickets (Photcopied on the school copier to keep

costs down)

How inviting for swindlers.

were being forged. We may have to go for more expensive but secure

tickets
next time.


Franz


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Old 08-09-2004, 10:31 AM
David Hill
 
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Malcolm said "Ban pass outs. How many do you have, and why do people
want to leave and then come back? "

Well I for one have used pass outs at Hampton court show to take plants back
to my car so that I was able to buy more.
Also have had to go back to the car when the wife had left her medication in
the car (She is taking some medication or another about every 2 hours).

--
David Hill
Abacus nurseries
www.abacus-nurseries.co.uk




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