Case: James went to a computer store to purchase a computer. He made known to the salesman he was computer illiterate. He also purchase a 3 year warranty for his computer. The salesman did not clearly explain to him the terms of the contract. All he said was the warranty cover for parts, transport and labour.

1 week later the computer arrives with the warranty booklet.

1 year later James computer had a software problem and he called the computer company to get it fixed as he thought the warranty covers this issue. Apparently the staff told him to read the warranty booklet as it says in the booklet that they only cover for hardware parts.

James sees the warranty booklet as post-contractual stipulation as it was not shown to him at the time of purchase and signing the contract.

Now James wants to claim for damages and terminate the contract.

INSTRUCTIONS: Please advise James on his legal position.

Should I use procedurally unfair terms? Since a standard form contract signed with the illiterate would be procedurally unfair if terms thereof were not explained to the consumer.

Also, User manuals like warranty booklet are delivered with goods, long after the contract has been made. So it is post-contractual stipulation.