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Cecil Cropgrower consulted Horace Hardsell, his local dealer in farm machinery, about the purchase of a new harvester. Cecil said, ' I have a harvester

Cecil CropgrowerconsultedHorace Hardsell,his local dealer in farm machinery, about the purchase of a new harvester.

Cecil said, 'I have a harvester that does around 4 hectares/hour but I want to upgrade to the most efficient tractor for my next harvest.'

Horace nodded his head and stated, 'Efficiency is very important for the farmer.'

Cecil said, 'I know. My existing machine is so slow and sometimes I've notbeen able to gather in the crop before the onset of the wet season. I also liketo get the day's work done before the sun goes down.'

Horace told Cecil about the New Holland harvester. Horace hands him a brochure for the New Holland. On the front of the brochure, in large writing,are the words, 'New Holland. The leader in the field.'

Horace says to Cecil, 'The New Holland can harvest at least 100 hectares a day.'

Horace based this information on his reading of the brochure from New Holland which he glanced at quickly when it arrived three months ago. Thebrochure indicates the harvester's maximum capacity was 7.3 hectares/hourwhen driven at 8 km/hour.

Cecil agreed to purchase a New Holland. Horace then said to Cecil:'I'll justget your details.'

Cecil watched Horace fill in a form with Cecil's name and address, and the details and price of the machinery. As requested by Horace, Cecil signed theform at the bottom. He did not notice the heading "Order Form" at the top.Nor did he realise that there was printing on the back under the heading"Terms and Conditions". One of the statements on the back read: "HoraceHardsell accepts no responsibility for any deficiencies in the machinery sold."

After half of Cecil's crop had been gathered with the New Holland, the wet season arrived and a fierce hailstorm wiped out the remainder of the crop. If the New Holland had the capacity asserted by Horace, the entire crop would have been harvested before the hailstorm.

Advise Cecil.

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