TERMS AND CONDITIONS

It seems that banks and commercial leasing agents and business brokers and probably anyone with a pen and disregard for the law include in their many and various contracts, terms and conditions which are clearly in breach of various acts.  

When pressed on the phone they quote these conditions endlessly espousing that they are ‘published’; presumably with the thought that mere publishing gives them credence.  They obviously ignore their illegal nature.  This would seem to be gross misrepresentation with the employee and the company being joint and severally responsible.

When it comes to the crunch these illegal conditions will be read down and be as if they were not in the contract but the question remains. “Why are companies including terms and conditions in their contracts they know are illegal and quoting them over the phone as binding?”  There can be only one reason and that is to confuse the customer through a misrepresentation of the facts.

The customer loses money and time forcing companies forcing them to comply with the law.

It seems that the regulatory bodies like ACCC, ACIC and ACMA ignore this practice so to protect myself I now publish my own terms and conditions which Banks, Estate agents and Business brokers Etal [BEBE] must comply just because I have published!  Just 6 of the 7,312 as an example …

1. All BEBE’s must immediately answer my phone calls with a real person with no menus to navigate;

Fine .. 100 Penalty units

2. All BEBE’s must instigate training for all employees to make them realise that we are the customer and that they are not doing us a favour;

Fine .. 100 Penalty units

3. All BEBE’s will accept anything I request, do and say as law and will action any requests forthwith;

Fine .. 200 Penalty units

4. All BEBE’s will immediately remove any confusing, illegal and misrepresentative term or condition and immediately subjugate themselves to my 7,312 published [elsewhere] Terms and Conditions remembering that they must be legal because I have published them. [Keep in mind that even though ‘elsewhere’ is somewhat obtuse and confusing does not mean you can ignore them]

Fine … 300 penalty units

5. All BEBE’s agree that we may change any or all terms and conditions at any time without your consent or knowledge or acquiescence and they still must comply without reservation:

 Fine … 400 Penalty units

6. All BEBE’s agree that any phone communication may be recorded by us for litigation purposes and that may not do the same; 

Fine … 400 Penalty units

Penalty unit = $195 to be paid into my personal ‘collections’ account [the collections department is specifically enabled to collect fines from BEBE’s]

Jon Langevad