1. Answer BOTHpart (a) and part (b).

(a) Advise Jane whether she has a remedy under the Consumer Guarantees Act 1993 in each of the following alternative / independent circumstances:

(i) Jane buys a new dishwasher from Smith's Appliances. The next day she sets it going for the first time before leaving for work. When she arrives home that evening she discovers that the machine has flooded the kitchen floor and adjoining hallway. Jane has had to have the flooring in the kitchen replaced and the hall carpet lifted and dried. It was later discovered that the drainage pipe from the dishwasher's pump had not been properly connected when it was manufactured.

Jane is furious and phones Smith's Appliances demanding a new dishwasher and the cost to make good the damage the flood had caused.

(ii) Jane telephones Smith's Appliances asking them to deliver a new dishwasher as it has broken down after five washes. The receptionist tells her that they cannot replace the machine but can send someone out to fix it. The receptionist tells her that all their service men are busy for the next five days but will send someone to repair the machine sometime after that.

(iii) Jane buys a washing machine from Smith's Appliances. She mentions to the Sales Assistant that she needs a high performing washing machine as she has three boys who play a lot of sports. After two months the machine requires substantial repairs to the motor. Jane calls Smith's Appliances for a replacement machine. Unknown to Smith's Appliances, Jane has been using the machine up to five times a day to help the local Rugby Club produce clean sports kits.

(b) Explain when a supplier of goods or services can contract out of the Consumer Guarantees Act 1993.