Question
Barry is a lecturer in Biology at Nottingham University, and a keen gardener with a large orchard. Nogrow Ltd is a manufacturer of gardening requisites,
Barry is a lecturer in Biology at Nottingham University, and a keen gardener with a large orchard. Nogrow Ltd is a manufacturer of gardening requisites, and has a number of retail outlets from which they sell their own products and those of other manufacturers. Last March Barry visited one of these outlets to buy fertiliser. In the past, he had always used a top brand, but was hoping to find something cheaper. He looked at several types of fertiliser on display, noted the widely differing prices, and read the promotional leaflets. He studied the chemical composition of each fertiliser, given in the leaflets. Some fertilisers required application to the roots, others to leaves. He then sought the advice of the only available sales assistant, a youth who did not seem to know much about the products on sale. The sales assistant recommended that Barry should buy Nogrow Ltd's 'Apple Gro', which, at 60, was considerably cheaper than all other brands in stock. Barry decided to buy a sack of 'Apple Gro', and was given a sales invoice to sign, which stated: 1.Nogrow Ltd agree to refund the purchase price paid for any goods which fail to conform with commercially recognised standards of quality or with any description applied to them. Any damages or compensation payable shall not exceed the purchase price of the goods sold. 2. All claims against Nogrow Ltd must be made within 21 days of purchase. 3. Nogrow Ltd does not give any undertaking as to the suitability or fitness of goods purchased for any particular purpose. Barry paid for the fertiliser and signed
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