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Work orders, waivers

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I've found some ok information on Google but I'm wondering if anybody out there would be willing to share their work order and the text that's included with it as far as the customer agreement / release of liability part is concerned? I'm in california. I'm in the process of buying a building to open my shop in. We'll be doing tinting; automotive, residential and commercial. As well a PPF. Also does anyone have a customer waiver for tinting windows darker than what's legal or for tinting windshields (please read below if you're thinking about replying with a snarky comment about tint illegally :thanks). Thank you in advanced to anyone that is willing to share their information with me. If you would prefer not to make it public on this site please PM me and I can give you an email address or my phone number.

 

 

 

I know this has always been a sensitive subject on this site. I understand both sides. After 20 years in the industry I've come to understand that you can only let so many customers walk out the door because you're unwilling to tint front windows illegally before you see it largely affecting your bottom line. I also understand that there's a major liability and it only takes one lawsuit to end your business and everything you've worked so hard to build.

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Regarding that in particular, ours says:

 

(Customer Initial) I understand that California law prohibits vehicle's with window tint that allow less than 70% Visible Light Transmission (VLT) through the front-side windows to be driven on any public street or highway. I also understand that the film manufacturer will not honor any warranty for any illegally tinted windows.

 

I'm also in California obviously. Nothing in the law says we (as a business)  can't install it. Just that the vehicle can't be driven on public streets. I'm currently redoing our work order. 

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Can't say anything specific about CA, but if you have a waiver signed stating you are installing a film that is illegal it will be an open and shut case against you.  You are confessing that you are knowingly doing something illegal.  Look at it this way...if you murdered someone because they wanted you too and they gave you are signed waiver stating they asked you to do so, do you think you would be getting off or going to jail?  Simple...jail. 

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Sorry fellow installers, a waiver whether signed or not, does not exempt you from the liability.

fact( one of my dogs bit a man) he walked 300 feet to my property from his to give my dog some scraps (neighbor, I live in the country), my German Shepard (Sassy) was a service dog for eight years, she was 14 at the time, he bent down, like an idiot in her face and she frog-bit him. There was a suit and I paid half to avoid litigation. Court said beware of dog sign means nothing... reason being, blind, non English and stupid don’t apply. So all I can say, is the waiver, signed or not for illegal window tint, means nothing. My wife is a lawyer and gets on me all the time for installing illegal film. So glad we left New York

Cheers

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Thank you everyone for the replys! I understand about tinting window illegally.  doing it or not is a huge  dilemma in my area. Back when I was working for my uncle there was a period of about two to three years where we were not tinting front windows illegally. I watched about 40% of our business walk out the door and go to another shop because they were willing to tint the fronts illegally.

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On 3/24/2018 at 5:46 PM, CaliTINT said:

Regarding that in particular, ours says:

 

(Customer Initial) I understand that California law prohibits vehicle's with window tint that allow less than 70% Visible Light Transmission (VLT) through the front-side windows to be driven on any public street or highway. I also understand that the film manufacturer will not honor any warranty for any illegally tinted windows.

 

I'm also in California obviously. Nothing in the law says we (as a business)  can't install it. Just that the vehicle can't be driven on public streets. I'm currently redoing our work order. 

Thank you for the reply! 👍

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Im not a lawyer, but I do know a fair bit about how civil matters play out in court, and I think there is a fair bit of confusion among some of the replies here.

 

When you get a "waiver" signed by a customer when installing tint below legal limits, you aren't "waiving" any sort of responsibility to any sort of criminal act.  The actual tint laws have nothing to do with the waiver itself.  All you are accomplishing with the waiver is establishing a written record of the fact that you have explained the tint laws to the customer, they understand them, and that they are electively choosing (in spite of this knowledge) to have you to install tint on their vehicle, which may or may not cause THEM to be in violation of local laws, IF they choose to operate that vehicle on a public roadway.

 

Not sure about every state, but in MY home state, it's not illegal to install something on to a motor vehicle that would make it's use on roads illegal.  

 

It is however, illegal for the operator of that vehicle to exit my parking lot, and drive that vehicle onto the roadway.. 

 

The only thing the waiver does is protect me (the shop) from that driver from trying to transfer the liability (which would be monitary damages) onto my business, and it also waives their rights to any sort of damages, and/or any sort of remedy, relief, or compensation.

 

In simple terms, it's not illegal to install illegal  tint, it's illegal to DRIVE on the street with illegal tint.

 

Since I'm not the one driving on the street with "illegal" tint, the onus is on the driver.

 

The waiver, eliminates their ability to sue me in civil court under the pretext that they a) didn't know that what I was installing on their vehicle would cause them to be breaking the law, b) they assumed that I would warranty the product for fitment for intended purposes, meaning if they are told they can't use it legally, then I have to remove it for them or replace it with a "legal" version at no cost. Or c) reimburse them for any damages associated with the use of the product they purchased from me.

 

So, yes.. a waiver will absolutely protect your shop from any civil liability that arises from a customer's use of the product you sell them..

 

And no, it doesn't absolve you from any criminal prosecution, since technically, there is none.  (At least in MY state.. not sure about others).

 

See also: The "Off-Road use only" warning that comes with nearly ANY racing product, aftermarket exhaust, or vehicle add on available on the market today!  Just because AutoZone sells automotive bullhorns, sirens, and train horns.. it doesn't mean it's legal to use them on the road.. nor does it mean AutoZone is breaking the law selling it to you.. the biggest difference with tint is, we are physically installing the product onto a customer's vehicle, therefore it is MUCH easier for a customer to say in court that they weren't aware that what we we're installing was illegal, hence, we make them prove in writing that they ARE aware, and that they do infact want us to install it anyway.

On 3/24/2018 at 10:29 PM, DynamicATL said:

Can't say anything specific about CA, but if you have a waiver signed stating you are installing a film that is illegal it will be an open and shut case against you.  You are confessing that you are knowingly doing something illegal.  Look at it this way...if you murdered someone because they wanted you too and they gave you are signed waiver stating they asked you to do so, do you think you would be getting off or going to jail?  Simple...jail. 

 

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Wow...you are definitely not a lawyer.  How about this, go speak to an actual lawyer so maybe you can learn about what you just posted.  Not going to go back and forth about it since I just don't care that much and this will be my only post...simply responding since I was quoted.  In the end, your "waiver" can be argued many ways in court all resulting in you losing if you are on the defensive.  Not sure which state you are in to check the specific law, but only "Sun Rays" (if that is your shop name) I could find was in AR and NJ which both state it is illegal to tint the vehicle below the limit without an exemption.  Either way, good luck!

Edited by DynamicATL

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I am not going to argue either. A long time friend of mine (whom I worked for 12 years) made everyone sign a waiver. He has been in business since 1979. While I was there, a 19 yr old girl had her vehicle done and got into an accident. She injured the other party, they sued her and her insurance company sued the shop along with her mother initiating the ordeal. He fought it and lost because she said she couldn’t see the car coming when she pulled out because of the tint being too dark. He had to pay the claim on her car and her insurance had to pay the claim on the injured guy. If you look up and read some some of the different state laws, it is illegal for a window tinting company to tint illegal applications. Companies can be fined up to 10 grand for installing it, even though it isn’t pushed. 

Here it is for my location;

HOUSE BILL RESTORES GEORGIA’S WINDOW TINT LAW

(ATLANTA) - Governor Sonny Perdue has signed House Bill 20 which reinstates Georgia's window tint law on motor vehicles.  Colonel Bill Hitchens, commander of the Georgia State Patrol, said the law became effective Monday, May 2, with the signature of Governor Perdue.  The Georgia State Patrol will be issuing educational warnings during the month of May.  He said troopers will begin issuing citations on June 1.

Georgia's window tinting law was struck down as unconstitutional last year because the provisions applied only to vehicles registered in Georgia.  "House Bill 20 corrected the language so the law applies to all vehicles, whether registered in Georgia or another state," Colonel Hitchens said.  "The window tint law is a safety issue, not only for law enforcement officers as they approach a vehicle during a traffic stop, but also for drivers so they can better see approaching vehicles while they drive."

The law allows for the same light transmission standards as the previous law.  It is now illegal for window tinting material to be applied to the rear, side and door windows of motor vehicles that does not allow for more than 32 percent of light transmission (plus or minus three percent).  It is also illegal for materials to be applied to the windows that increase the level of light reflected to more than 20 percent.  Additionally, except for the top six inches of the windshield, no material or glazing can be applied that would reduce the light transmission through the windshield. 

Among the exemptions to the window tint law are:  adjustable sun visors not attached to the glass; signs or stickers displayed in a seven-inch square in the lower corner of the passenger side of the windshield or in a five-inch square in the lower corner of the driver's side of the windshield; law enforcement vehicles; and any federal, state or local sticker or certificate which is required by law to be placed on any windshield or window.  Also exempted under the law are the rear windshields and side windows, except the windows to the left and right of the driver, on multipurpose passengers vehicles; school buses and buses used for public transportation; buses and vans owned or leased by any religious or non-profit organization; limousines; and any other vehicle where the windows or windshields have been tinted or darkened before factory delivery or permitted by federal law or regulation.

Violation of the law by either driving a vehicle with illegal window tint or installing the illegal material is a misdemeanor and punishable by a fine up to $1,000 and/or up to 12 months imprisonment.

we are at risk as the installer. 

Cheers

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