Question
1.Erica needs a new refrigerator and visits a well-known reputable retail store named Fridges Galore at Northpoint City, Yishun. She speaks to Fred, the manager
1.Erica needs a new refrigerator and visits a well-known reputable retail store named Fridges Galore at Northpoint City, Yishun. She speaks to Fred, the manager of the refrigerator department and asks him to show her their range of refrigerators available in the store. Erica had encountered a bad experience with her previous refrigerator and is perpetually fearful that the freezer unit temperature could fluctuate and "thaw out" causing damage and contamination to her frozen food. She informs Fred about this fact and was told that this issue should not pose a problem with their current range of products. After walking through the store, Erica spots one refrigerator in particular that she was interested in. Fred tells her: "This is an excellent brand with an international reputation. It is the manufacturer's latest model. Don't worry about temperature fluctuations, it will never happen to this model as it has a patented temperature locking system. It will serve you for a lifetime". Erica was particularly impressed by the presence of the patented temperature locking system and bought the refrigerator immediately because of this assurance.
After the refrigerator is delivered to her home and installed, Erica places a number of items in it and the next morning, when she opens the refrigerator to get the milk for her morning coffee, she notices everything inside the refrigerator had frozen over. When she opens the freezer unit, she was shocked to find that everything had thawed out and noticed a strong "rotting" stench present. As she attempts to close the freezer door, she is electrocuted and is taken to hospital. She is advised by the doctors that she had received a severe electrical charge from the defective refrigerator and must remain in hospital for at least a week for observation as there may be long-term damage to her nervous system as a result of the incident.
Erica has since discovered in her sale documents, which she had signed when the refrigerator was delivered, that there is a clause stating:
"The manufacturer and retailer accept no responsibility whatsoever for any loss, damage, injury or death howsoever caused to any person or property from the use of the product. Furthermore, after delivery of the said product has been done there is no warranty, guarantee or assurance provided in respect of the product sold."
Meanwhile, these documents provided no indication at all about the "patented temperature locking system" mentioned during the sale negotiation. However, through Erica's own enquiries, she discovers that the temperature locking system was never installed in the particular model she had bought; but were only introduced and installed in the later models appearing this year.
Advise Erica on what she should do.
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