ONE SIDED TERMS & CONDITIONS
I am showing a document of a car servicing Company which is prescribing all these terms that are blatantly one-sided. It means that even in case of negligence on their part or their careless attitude they are not to be penalised. When a service or a product is sold, is it not bought or services utilised in good faith. Is this implicit or in such agreements, where there is no alternative but to sign the sheet, it is binding on the customer?. There are many such Agreements in our country which are one-sided like this. Can someone advise?. more
Viewed by 630
View all 14 comments Below 14 comments
many items are one sided. But then the choice of accepting or otherwise is that of the customer who can reject and go to another servicing shop. more
Apr 04
Customer is not educated or well informed about the products or services on transaction that the suppliers know and exploits through one sided terms of business mentioned on the back of the cash memos. It is not accepted in law. more
Apr 05
These small lines are taken to use by them only when some fault occurs and you are the sufferer so to escape their liabilities they get your signatures,BUT please write above your signature as scrawl Unread,so you are not liable for the escaping write written. more
Apr 04
Best advice, that way both are covered and the judge needs to decide who is right? more
Apr 04
Please note that One sided agreements are bad in Law and will not be accepted by any court. more
Apr 04
Very few would have the time, money and persistence to take up and pursue such cases in a court of law. Especially knowing well the Indian Court system and the vagaries of the same. more
Apr 04
Looking at it from a neutral angle and considering yourself a car servicing company I actually do not see any flaws in the agreement. It is not exactly one-sided but is a safeguard from claims. For e.g., you take your car for a tire puncture and then realize the brake shoes also need to be replaced and was not replaced then you cannot blame the servicing guy, he only did what you asked him to do. Similarly, you go to the Dr and tell him you have a stomach ache, he treats you for that and then you get a headache you just cannot say that he gave you the wrong meds. Yes, there is one flaw in the agreement which is third party liability insurance which they are supposed to have, I do not see many companies and organizations having this in our country, it is mandatory for businesses in other countries to have this Insurance in place. more
Apr 03
With technology in place the machine shuts off after the required pressure more
Apr 04
Again debateable, if your tyre is old and cannot take the pressire it needs to and bursts how can you blame the service guy? more
Apr 04
This is a different issue. You go for a tyre puncture and get it fixed. The service personnel may or may not notice fault in brake shoe. If he notices and reports the matter and the owner prefers not to get it fixed then it is owner's problem. But in fixing the tyre puncture, due to negligence he fills in more air and tyre gets burst, then the service personnel is definitely to blame. But under one-sided agreement, he goes scot free. That is the issue. more
Apr 04
This is the general practice in India, and the customers, who are generally not in a position to take up the matter at the higher lever legally, due to lack of knowledge as well as money involved are being exploited by the companies with much influence in the legal fields, politics and finance. A way out is to be sorted out by all together more
Apr 03
