I install software but I do not make copies of it. Last Thursday someone hired me for installing one, which the price range of the software is very high compared to mine but I only charge for installation; actually the program I install is FREE. Before I install the program in the computer, I run a virus scan and show it to the person to make sure the software is not corrupted and virus free. I installed the program, after I installed it I restarted the computer 2 times, and when I finished I left his computer on and working fine telling him "if there is something wrong with the sofware call me" I didn't say "Call me if there is something wrong with his computer". He called me on Sunday telling me that his computer is not working, that is frozen trying to blame it on me. What I feel bad about it is that was his business computer and all his business files were in it.
Should I do something?
Am I liable?
What would you suggest me to do?
2006-06-19 07:58:18 · 4 answers · asked by CUERVO 3 in Business & Finance ➔ Small Business
I think a lot of it would have to be if the software you installed had any special device drivers (most likely not). Like you stated you're willing to fix any problems with the software, not the computer. Also, most liscence agreements with software, free or not, state that they are not liable for anthing that my happen to your machine through it's installation and use. I think this should be extended to you. In the future I would recomend explaining this clause to people or have them sign a sales agreemnet with that stated.
What can he do? Take you to court and try to prove that you were the one that messed up his machine? Highly unlikely.
2006-06-19 08:09:22 · answer #1 · answered by Pixel Pusher 2 · 2⤊ 0⤋
You don't believe in professional liability insurance? The right thing to do is hand the complaint to your insurance company and let them settle it.
But if you weren't that savvy...
The burden of proof is on the claimant. Simply saying that you worked on his computer and now it isn't working doesn't prove that it's your fault.
And if the dummy lost his business records, that means only that he has no idea of the importance of backing up his data files. This sure doesn't argue well for him.
Let him sue you if he wants, but don't give him the right time of day.
2006-06-19 15:07:42 · answer #2 · answered by Jack430 6 · 0⤊ 0⤋
If you are not qualified to diagnose and repair computers then tell him to take it to a reputable service technician to have it DIAGNOSED and REPAIRED. Agree on which technician ahead of time.
if it turns out that it was something in your installation that caused the problem then you should pay for the repair (you could fight it, but it is probably better for business and customer relations to just repait it).
If it turns out that it was something else that was the problem then you have no obligation to do anything further.
2006-06-19 15:05:33 · answer #3 · answered by BigD 6 · 0⤊ 0⤋
Wow, sure hope he had backup on his files.........
You should not be liable, but if you are not qualified to check his pc out, now that it is lame, then point him somewhere that is expert.
I would give him the courtesy of going to his place and try to unfreeze it, to let him know you are concerned and CYA...he will remember you did that and perhaps need you again in future..
Remember...........customer always right...........lol
2006-06-19 15:11:46 · answer #4 · answered by deed 5 · 0⤊ 0⤋