Archived posting to the Leica Users Group, 2001/10/09

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Subject: Re: [Leica] Ruined slides -- I've had it now
From: Simon Stevens <simon@camera-craftsman.com>
Date: Tue, 09 Oct 2001 22:52:56 -0400

I realize that as a first year law student I only know enough to be
really dangerous, so I humbly ask that any lawyer/photographer who
chooses to answer this question be gentle with me.

When a lab limits damages to replacement film with some clause they
write on the back of your receipt, would this be considered a liquidated
damages clause?  If so, do US courts generally uphold them?  I guess I'm
thinking that while the damages are hard to estimate, adding nothing to
the value of the raw unexposed film doesn't sound like a fair estimate
of something hard to estimate to me.

TIA

Simon Stevens


Ted wrote:

>Lawyers and great arguments will not likely get you anywhere, maybe two

>rolls instead of one, but that's it.

>Every and any lab I've had process film have a disclaimer somewhere on
their
>packaging or hanging on the wall as notification of ... "we accept no
>responsibility for damage to the film etc etc etc"

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