stevelehto
SteveLehto
stevelehto

I’ve dealt with a lot of mechanics and the good ones can tell when something might get expensive. But you warn the customer and inform them. The notion that “I can make this worse and still charge you,” is a bit over the top (I think).
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I assume that is what they are trying to say and they ought to just say it. I doubt it is illegal anywhere to refuse to work on high mileage cars unless you only refused the ones of certain ethnic groups or something.
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Why? Your case is going to be decided by a court, not a non-attorney. Read more

The term “we may damage your computer and then charge you to fix it” would be enforceable? In what state?
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This isn’t a service contract as defined by Mag Moss BUT some portions of it would likely be deemed unconsionable in many states under simple contract law. The idea of the disclaimer is probably misplaced as well. Section 2 of the UCC addresses “Sales,” and this is not a sales contract. The portions of the contract Read more

Assuming someone foolishly signed this agreement, the consequential damages portion of that clause would head off a claim such as that. Although, in this context, those damages would be far too remote to make out a case for - most likely (see Hadley v Baxendale.)
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But surely, there has to be a limit. At least, you’d think?!
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OR, “We will charge you extra for things we place in or leave in your car, even if disgusting and foul.”
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That’s the same guy who said it was okay to post a photo of your license plate on the internet.
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It still seems a bit over the top for someone who has gotten burned once or twice by a crazy customer.
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You can’t blame someone for asking. I am just surprised that anyone would sign this. Seriously.
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What state are you in? And was the seller an individual or a dealer?
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You’d have to consult a local attorney but in many jurisdictions, the car which rear ends the other is almost always at fault. Read more