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UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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We have our own transport company with three self employed

Customer Question

We have our own transport company with three self employed drivers, we deliver mostly kitchens and bedrooms, we would like to draft a letter stating that any damage such as marks on carpets knocks to walls or any damage to the customers property is down to each individual driver and that we personally are not responsible and that they will be responsible to pay any damages incurred, we are not sure how to word this or where we stand.
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.

Yes, you may give them such a letter and ask them to countersign it to show their consent to its terms.

The letter may simply be as follows

Dear xxx name of self employeexxx

Damage liability

You shall be liable for any damage that directly or indirectly arises as a result of your act or omission when transporting and delivering any property belonging to third parties and you shall indemnify us against any damage, claim, costs, expenses or actions that may be brought against us as a result your actions or omissions.

Your name

I hereby agree to the foregoing

Name of self employee
Customer: replied 3 years ago.

Thankyou that seems fine, do you think it would also be a good idea for our drivers sign something saying about them being self employed and that they are responsible for their own tax etc

Expert:  UKSolicitorJA replied 3 years ago.
Whether or not they are self employed would be a question of fact, not what has been agreed or written down, so you may have it written down for,comfort but the law would override it.

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