How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jenny Your Own Question

Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6305
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
32019188
Type Your Law Question Here...
Jenny is online now

We are a mobile car body repair franchise. Our T&Cs offer a

Customer Question

We are a mobile car body repair franchise. Our T&Cs offer a localised repair which is visually undetectable to the untrained eye. Where rectification is required, we offer to do it ourselves, refund the money, or use a local independent bodyshop known to us. We limit our liability to the panel under repair and to the cost of rectifying that one panel.

Some customers have refused all of these remedies and demanded high cost repairs at dealership bodyshops, with extended spraying onto other panels. To "maintain the brand" our franchisor has also overridden our T&Cs and charged us huge amounts to give customers what they demand.

Are our T&Cs really not worth the ink in a court of law?
Submitted: 3 years ago.
Category: Law
Expert:  Jenny replied 3 years ago.

taratill : Hello my name is Jenny and I happy to help you. Do you have a contract with the franchiser which allows them to do this?
JACUSTOMER-vei1ejcc- :

I don't recall seeing anything specific in the contract about imposing remedies upon us, although they do have wide ranging powers. Their legal person, and the customers, are challenging us on the grounds that our T&Cs represent an unfair contract. The OFT website on consumer advice also does not say that consumers have a specific right to reject a perfectly good remedy in favour of a more expensive one to achieve the result we have contracted to provide, except in the case where suppliers actually decline to provide a remedy at all. We, however, do offer a remedy - if all else fails we can give a refund or get the work done in a bodyshop which we have used for a long time. If we fail ourselves (in two cases we had made two attempts from the van) then we usually use a good local independent bodyshop and have done for years. The contract with the customer is to provide a SMART (Small to medium area repair) within a panel, not to spray along the adjoining panels. Certain bodyshops, especially dealerships, spray the adjoining panels as a matter of course and this is what some of our customers are demanding as they cannot distinguish between us damaging their car and failing to effect a good repair as contracted. I charged one customer £120 for a wing repair which went wrong twice. I offered to get it done in our local bodyshop, which would have cost us £150 but he went to Volvo and is claiming double on the grounds that we have damaged his car because they blended onto the next panel. However, Volvo do that anyway because that is how they work. But we contractually offer a repair that is visually good to the naked untrained eye, not one that will go under bodyshop lights, and this is all explicitly explained in our T&CS which are printed on the reverse of the quotation.

JACUSTOMER-vei1ejcc- :

We had no choice about signing the franchisor's T&Cs if we wanted to renew our businesses so surely this could also represent an unfair contract if challenged?

taratill :

Do you have a copy of the franchisor's t's and c's? Can you tell me the specific clause which allows them to override your t's and c's about remedies to customers?

taratill :

I can advise you in general terms if you do not have them but it would help it I could have the exact wording?

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice