Torque and Chrome

I signed a release of liability @ a Goodyear tire shop to get my tires mounted & balanced?

ok so I had this goodyear tire shop work on my wheels & they made me sign a release of liability which stated "customer advised no liability for scratches" & i asked their associate the tires would b fine right? I mean there r all these chromed out rims u guys sale, u cant b scratchin them up. who would do business with u guys? she said yeah all the tools the techs use r plastic. a few hours later I come back to get my wheels & they have numerous scratches, not a few, they're every where. these wheels were immaculate when i dropped them off & they looked like crap when i picked them up. so my ? is pretty obvious, my signing that release, will that hold up in court? there were no witnesses, there was in my opinion extreme negligence, i just dont believe businesses can get away with something like this. & i know from just bein on this planet for 29 yrs that contracts arent air tight. does anyone have any 1st hand exp with a situation like this?

Public Comments

1. WHY THE HECK DID YOU SIGN THAT????? You might have a case because they represented that the tools were plastic. But there is a big burden on you to show that they did in fact tell you that. You'd probably also have to show that they didn't actually use plastic tools. Look, don't go to court. You'll most likely lose. Try to negotiate with them. A cheaper price, a refund or something. You probably will be able to get that if you're a good negotiator.
2. you signed it, so you are in, doenst matter ith ethere were witnesses, are you prepared to say you didnt sign it whe you did?... you woul have to prove that they werent like that before.... difficult!....( likely would not look good on your part) you are stuck!... if I t were me, I would call the better business beauro, ( a report on there stays there until it is resolved, so that hurts them) and any consumer group I could and raise hell in the same way.
3. Regardless of the disclaimer that you signed, you made a verbal contract with them, which should be legally binding, however, with no witnesses, it's your word against theirs and I wouldn't fancy your chances in court. I wouldn't suggest proceeding with court action, but it may be worth sourcing an "intention to sue" letter template from the web - it will cost you the price of the stationery & postage, and may scare them into settling out of court. It's a long shot, but in my view, your only shot. It MAY help if you add to the template letter, mentioning that a local journalist will be monitoring your case.
4. there are 3 options 1 you signed the release just forget it 2 try and work out an arrangement with them for the damage 3contact a lawyer this might be your only real choice if you want them to pay for the rims
5. I'm not a lawyer... I just took business law last semester, so take this as you will. Many contracts won't stand up in court on the grounds that they are unconscionable. A valet ticket which protects the valet service from any liability concerning your car -- this was the example that was used in class. This seems similar to me. Although you would have to prove that your rims were indeed in perfect condition before you brought them in. I would hire a lawyer to just send a threatening letter, and if that doesn't work take them to small claims and do your best. Filing a case in small claims is surprisingly affordable! Good luck.