Electra Ltd (‘Electra’) is a large company selling cookers and other electrical equipment to commercial caterers. Paul, the Managing Director of Electra, would like your advice.
Electra Ltd (‘Electra’) is a large company selling cookers and other electrical equipment to commercial caterers. Paul, the Managing Director of Electra, would like your advice.
In February, Electra provided a quotation to Francesca for a new oven to be used in her small bakery business, Homebake Ltd (Homebake). The quotation is attached as Document A. Francesca accepted the quotation and Electra delivered the oven on 15 March. Francesca made her own arrangements for installation.
On 14 April, the oven broke down and Francesca immediately informed Electra. Upon investigation, it was found to be a manufacturing fault, and Electra eventually replaced the oven. However, Homebake was without an oven for several weeks and is claiming from Electra net loss of profit amounting to £4,000.
Paul wants to know whether Electra can refuse to pay, relying on the exemption clause in the quotation (Document A). Francesca told Paul that she did not notice the clause when she read the quotation.
Advise Electra, explaining its legal position in relation to Homebake.
Using the suggested structure for answering problem questions on exemption clauses, advise Electra as to what (if any) liability it is likely to have in relation to its contracts with Homebake. In doing so, you must fully explain the relevant law and apply the law to the facts that you have been given.
Document A
Electra Ltd
Suppliers of Equipment to the Catering Industry
VAT No: 984217300
LOWEST PRICES
Electra Ltd
Moorcroft Business Park
Oxton
GO13 1PK
Tel: 01478 564493
Fax: 01478 568103
Website: www.electra.co.uk
Date: 17/02/XX
To: Ms Francesca Button
Homebake Ltd
Mead House
Grange Road
Lincoln
QUOTATION
Hudson 45 commercial oven
£
2,000
VAT 400
Total 2,400
The Seller excludes all liability for loss of profits suffered as a result of any defect in goods supplied, unless the Buyer notifies the Seller of any defect within fourteen (14) days of delivery of the goods to the Buyer’s premises. This clause does not affect the Buyer’s rights in respect of death or injury caused by negligence.
Collepals.com Plagiarism Free Papers
Are you looking for custom essay writing service or even dissertation writing services? Just request for our write my paper service, and we'll match you with the best essay writer in your subject! With an exceptional team of professional academic experts in a wide range of subjects, we can guarantee you an unrivaled quality of custom-written papers.
Get ZERO PLAGIARISM, HUMAN WRITTEN ESSAYS
Why Hire Collepals.com writers to do your paper?
Quality- We are experienced and have access to ample research materials.
We write plagiarism Free Content
Confidential- We never share or sell your personal information to third parties.
Support-Chat with us today! We are always waiting to answer all your questions.
