Re: Rather more than the usual replacement roll...

2003-06-11 Thread T Rittenhouse
What legal agreement?

A disclaimer is not a legal agreement unless it is signed by the person who
it affects. To make that kind of thing clear, say you have an open abandoned
well in your front yard. So you put up a sign, Not responsible for anyone
falling in the well. Do you think you would be protected because of the
sign?

What a disclaimer does is keep the Not Too Smart Customer from seeking his
legal rights, luckily for most retailers the NTSC is the norm. OTOH, the
amount involved almost has to be enough to interest an attorney, or you have
to be willing to go to small claims court. What the court would award
depends on how hard it would be to reshoot he photos. If they were snaps of
your kids playing in the sandbox, your probably would only get a new roll of
film. If they were snapshots from a once in a lifetime around the world
tour, the processor better have good insurance. OTOH, if I were the
mediator, and a Scientist claimed the DRUG STORE messed up his important
photos of his expedition to Antarctica (as mentioned by someone in this
thread), I would probably rule that he was a victim of his own stupidity.

Ciao,
Graywolf
http://pages.prodigy.net/graywolfphoto


- Original Message -
From: William Robb [EMAIL PROTECTED]

 Oh yay!!  Now the courts are ignoring the legal agreement between the
 customer and the processor.
 They must have figured they would lose in court, or they wouldn't have
 settled out of court.





Re: Rather more than the usual replacement roll...

2003-06-11 Thread Blivit4
The settlement took place in the UK, not the US. Your legal ignorance is now big 
enough to span oceans.

BR

T Rittenhouse [EMAIL PROTECTED] wrote:

I would probably rule

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Re: Rather more than the usual replacement roll...

2003-06-11 Thread Caveman
T Rittenhouse wrote:
What legal agreement?

A disclaimer is not a legal agreement unless it is signed by the person who
it affects. To make that kind of thing clear, say you have an open abandoned
well in your front yard. So you put up a sign, Not responsible for anyone
falling in the well. Do you think you would be protected because of the
sign?
I've seen some military facilities with signs basically saying that 
you'll get shot if you survive escalating the electrified fences. I 
never heard of anyone suing them.

cheers,
caveman


Re: Rather more than the usual replacement roll...

2003-06-11 Thread Peter Alling
Two reasons, well three really, Countries claim Sovereign immunity, (one of the
bad precedents set forth by the United States Constitution was to give the 
Government
of a Republic the same immunity claimed by a King, a right claimed by all 
Republics now,
but I digress), and you're not allowed to Sue the Government with without 
the Governments
permission.  Military organizations are outside the civil law where they 
hold sway, on
military reservations, if they catch you they'll usually turn you over to 
civilian authorities
but they don't have to.  If you're dead you have a very hard time 
contacting a lawyer to
file a lawsuit for you.

At 12:48 PM 6/11/03 -0400, you wrote:
T Rittenhouse wrote:
What legal agreement?
A disclaimer is not a legal agreement unless it is signed by the person who
it affects. To make that kind of thing clear, say you have an open abandoned
well in your front yard. So you put up a sign, Not responsible for anyone
falling in the well. Do you think you would be protected because of the
sign?
I've seen some military facilities with signs basically saying that you'll 
get shot if you survive escalating the electrified fences. I never heard 
of anyone suing them.

cheers,
caveman
Outside of a dog, a book is man's best friend.
Inside of a dog, it's too dark to read.  --Groucho Marx


Re: Rather more than the usual replacement roll...

2003-06-11 Thread T Rittenhouse
I apologize to the list for this post it should have been sent privately, or
not at all.

Ciao,
Graywolf
http://pages.prodigy.net/graywolfphoto


- Original Message -
From: T Rittenhouse [EMAIL PROTECTED]
To: [EMAIL PROTECTED]
Sent: Wednesday, June 11, 2003 3:35 PM
Subject: Re: Rather more than the usual replacement roll...


 Hey man, I just put up a sign that says you owe me a thousand dollars. I
bet
 it won't do me any good over there either. But, then you better send the
 money just in case.

 Know what, boy? Sometimes I am wrong, sometimes I lose my cool, but I am
not
 an ASS all the time like you.

 Ciao,
 Graywolf
 http://pages.prodigy.net/graywolfphoto


 - Original Message -
 From: [EMAIL PROTECTED]
 To: [EMAIL PROTECTED]
 Sent: Wednesday, June 11, 2003 12:44 PM
 Subject: Re: Rather more than the usual replacement roll...


  The settlement took place in the UK, not the US. Your legal ignorance is
 now big enough to span oceans.
 
  BR
 
  T Rittenhouse [EMAIL PROTECTED] wrote:
 
  I would probably rule
 
  __
  McAfee VirusScan Online from the Netscape Network.
  Comprehensive protection for your entire computer. Get your free trial
 today!
  http://channels.netscape.com/ns/computing/mcafee/index.jsp?promo=393397
 
  Get AOL Instant Messenger 5.1 free of charge.  Download Now!
  http://aim.aol.com/aimnew/Aim/register.adp?promo=380455
 






RE: Rather more than the usual replacement roll...

2003-06-10 Thread Malcolm Smith
Glenn wrote:

 http://story.news.yahoo.com/news?tmpl=storycid=817ncid=757e=10
 u=/ap/20030609/ap_on_fe_st/britain_photo_damages

 Somebody got an $8000 settlement for a lost vacation film.

I caught the last of this on the local news, he said that he would not be
cashing the cheque until they had a final look for the film (and the amount
offered was undisclosed on BBC TV) and it was a Pentax camera he was using,
but I didn't see the model - did anyone else?

Malcolm




Re: Rather more than the usual replacement roll...

2003-06-10 Thread Dr E D F Williams
Imagine what he could have got if it had been a professional assignment he'd
been doing? But then he might have had insurance. Yes? No? Is there
insurance available for such losses?

Don
___
Dr E D F Williams
http://personal.inet.fi/cool/don.williams
Author's Web Site and Photo Gallery
Updated: March 30, 2002


- Original Message -
From: Malcolm Smith [EMAIL PROTECTED]
To: [EMAIL PROTECTED]
Sent: Tuesday, June 10, 2003 11:44 AM
Subject: RE: Rather more than the usual replacement roll...


 Glenn wrote:

  http://story.news.yahoo.com/news?tmpl=storycid=817ncid=757e=10
  u=/ap/20030609/ap_on_fe_st/britain_photo_damages
 
  Somebody got an $8000 settlement for a lost vacation film.

 I caught the last of this on the local news, he said that he would not be
 cashing the cheque until they had a final look for the film (and the
amount
 offered was undisclosed on BBC TV) and it was a Pentax camera he was
using,
 but I didn't see the model - did anyone else?

 Malcolm






Re: Rather more than the usual replacement roll...

2003-06-10 Thread William Robb

- Original Message -

Subject: OT: Rather more than the usual replacement roll...



http://story.news.yahoo.com/news?tmpl=storycid=817ncid=757e=10u=/ap
/20030609/ap_on_fe_st/britain_photo_damages

 Somebody got an $8000 settlement for a lost vacation film.

Oh yay!!  Now the courts are ignoring the legal agreement between the
customer and the processor.
They must have figured they would lose in court, or they wouldn't have
settled out of court.

William Robb




Re: Rather more than the usual replacement roll...

2003-06-10 Thread T Rittenhouse
Interesting, because these kinds of settlements usually have a
non-disclosure agreement attached. In other words, take the money and shut
up.

Ciao,
Graywolf
http://pages.prodigy.net/graywolfphoto


- Original Message -
From: [EMAIL PROTECTED]
To: [EMAIL PROTECTED]
Sent: Tuesday, June 10, 2003 9:09 AM
Subject: Re: Rather more than the usual replacement roll...


 The customer was, I would guess, rather articulate, and refused to accept
any
 of their lesser offers. Good on him!
  Not the first time Kodak in the UK have been pubicly humiliated.

 Kind regards

 Peter





Re: Rather more than the usual replacement roll...

2003-06-10 Thread mike wilson
Greetings all,

After a spell in the Mail Archive wilderness, I have decided to
subscribe normally and see what happens - I'll probably get fired for
overloading our mail server.

T Rittenhouse wrote:
 
 Interesting, because these kinds of settlements usually have a
 non-disclosure agreement attached. In other words, take the money and shut
 up.

On topic, I think there is a non-disclosure clause in this instance. 
The _amount_ is only guesstimated  The last one of these I remember in
the UK was an academic who had sent his pictures from and Antarctic
expedition to the local pharmacy for processing.  He wanted £30,000 to
remount the expedition.  Guess what he got?

mike



RE: Rather more than the usual replacement roll...

2003-06-10 Thread zoomshot


-Original Message-
From: mike wilson [mailto:[EMAIL PROTECTED] 
Sent: 10 June 2003 15:55
To: [EMAIL PROTECTED]
Subject: Re: Rather more than the usual replacement roll...


Greetings all,

After a spell in the Mail Archive wilderness, I have decided to subscribe
normally and see what happens - I'll probably get fired for overloading our
mail server.

T Rittenhouse wrote:
 
 Interesting, because these kinds of settlements usually have a 
 non-disclosure agreement attached. In other words, take the money and 
 shut up.

On topic, I think there is a non-disclosure clause in this instance. 
The _amount_ is only guesstimated  The last one of these I remember in the
UK was an academic who had sent his pictures from and Antarctic expedition
to the local pharmacy for processing.  He wanted £30,000 to remount the
expedition.  Guess what he got?

mike

The cost of the film




RE: Rather more than the usual replacement roll...

2003-06-10 Thread zoomshot


From: mike wilson 
Sent: 10 June 2003 15:55
To: [EMAIL PROTECTED]
Subject: Re: Rather more than the usual replacement roll...


Greetings all,

After a spell in the Mail Archive wilderness, I have decided to subscribe
normally and see what happens - I'll probably get fired for overloading our
mail server.


Well the archive is completely up the creek so the only subject you have
missed is the never ending bickering with regard to the crippled mount on
the Asterix (both varieties). The general gist is, why won't my twenty year
old lens work on either. The analogue one is crippled but who knows about
the digital. 

Which way is the wind blowing today

Ziggy
 




RE: Rather more than the usual replacement roll...

2003-06-10 Thread Peter Alling
So much for your paying attention.  We all seem to know why.  (Except for
the few who keep holding out for some technological marvel to make it right).
The argument is about if it's a good idea.
At 05:00 PM 6/10/03 +0100, you wrote:


From: mike wilson
Sent: 10 June 2003 15:55
To: [EMAIL PROTECTED]
Subject: Re: Rather more than the usual replacement roll...
Greetings all,

After a spell in the Mail Archive wilderness, I have decided to subscribe
normally and see what happens - I'll probably get fired for overloading our
mail server.
Well the archive is completely up the creek so the only subject you have
missed is the never ending bickering with regard to the crippled mount on
the Asterix (both varieties). The general gist is, why won't my twenty year
old lens work on either. The analogue one is crippled but who knows about
the digital.
Which way is the wind blowing today

Ziggy

Outside of a dog, a book is man's best friend.
Inside of a dog, it's too dark to read.  --Groucho Marx


RE: Rather more than the usual replacement roll...

2003-06-10 Thread zoomshot


-Original Message-
From: Peter Alling [mailto:[EMAIL PROTECTED] 
Sent: 10 June 2003 17:17
To: [EMAIL PROTECTED]
Subject: RE: Rather more than the usual replacement roll...


So much for your paying attention.  We all seem to know why.  (Except for
the few who keep holding out for some technological marvel to make it
right). The argument is about if it's a good idea.

Answer

What argument?

Whether you like crutches or you don't?

It is as you quote, Inside of a dog, it's too dark to read, just about
sums up all the ramblings here for the past two weeks.. 

/Answer


At 05:00 PM 6/10/03 +0100, you wrote:


From: mike wilson
Sent: 10 June 2003 15:55
To: [EMAIL PROTECTED]
Subject: Re: Rather more than the usual replacement roll...


Greetings all,

After a spell in the Mail Archive wilderness, I have decided to 
subscribe normally and see what happens - I'll probably get fired for 
overloading our mail server.


Well the archive is completely up the creek so the only subject you 
have missed is the never ending bickering with regard to the crippled 
mount on the Asterix (both varieties). The general gist is, why won't 
my twenty year old lens work on either. The analogue one is crippled 
but who knows about the digital.

Which way is the wind blowing today

Ziggy


Outside of a dog, a book is man's best friend.
 Inside of a dog, it's too dark to read.  --Groucho Marx