Could you please help me with the following listed below.
Brief background and context
Summary of legally relevant facts
Outline of key legal issues to be discussed
The three points above need to be addressed according to the case study shown below.
Attachment - Email Correspondence Part One
From: Jemma Fishburne
Sent: Tuesday, 23 August 2022 3:04 PM
To: Michelle Moorehouse Subject: FW: Outstanding Invoice
Hi Michelle,
As discussed on the phone just now and sorry to be a bother. As far as I'm concerned, I don't think we should pay it - I think my position is clear in the emails and other attachments provided.
There's no huge rush, but I'm getting tired of the angry phone calls. Of course, I will follow your advice.
Kind regards,
Jemma
GetOutlook for iOS
From: Accounts
Sent: Friday, August 19, 2022 11:17 AM
To: Jemma Fishburne
Subject: Re: Outstanding Invoice
Dear Jemma
We maintain our position is that Wineglass Seafood is liable for the payment in line with our terms and conditions. We would appreciate your company's prompt payment of our invoice (attached).
We note that if the invoice remains unpaid, we will be forced to consider our legal options.
Regards,
Bruce
Accounts Department
Launceston Signs and Designs
From: Jemma Fishburne
Sent: Monday, 15 August 2022 9:07 PM
To: Accounts
Subject: Re: Outstanding Invoice
Dear Accounts Department
I will not be paying this invoice. As I explained to Hugh - the pull up banners were never actually ordered. Sure they were delivered but you can take them back if you like. Second, the order for the outdoor sign was cancelled. And third, I did not agree to that outrageous delivery fee.
As far as I am concerned, this is an internal matter for you guys - so please sort it out with Hugh.
Kind regards,
Jemma
Jemma Fishburne
Bicheno Outlet Manager
Wineglass Bay Seafood Pty Ltd
Please consider the environment before printing this email.
Attachment - Email Correspondence Part One
From: Accounts
Sent: Wednesday, August 10, 2022 8:00 AM
To: Jemma Fishburne
Subject: Re: Outstanding Invoice
Wineglass Bay Seafood
Please find invoice for payment which is now overdue.
If you have any questions, please contact
Accounts Department
Launceston Signs and Designs
Launceston Signs and Designs Pty Ltd ACN 409256782 TAX INVOICE 13 March 2022 Attention: Jemma Fishburne Bicheno Outlet Wineglass Bay Seafood Pty Ltd By email: if@wineglassseafood.com.au DESCRIPTION PRICE UNITS AMOUNT Pull up banner - Premium $158.00 5 $790.00 Freestanding sign - Outdoor $6250.00 $6250.00 (Including removal and installation) Transport surcharge - East $350.00 $350.00 Coast GST @ $739.00 10% F TOTAL $8,129.00 Invoice payable within 21 days in line with our terms and conditions.Launceston Signs and Designs Pty Ltd ACN 409256782 TERMS AND CONDITIONS These General Terms and Conditions govern the provision and sale of products and services by Launceston Signs and Designs Pty Ltd and/or our contractors (we/us/our). 1. Application The customer agrees that every offer, order, and agreement that is conducted between our stores or employees, and authorised actions of our contractors or agents, is governed by these terms. We reserve the right to change these conditions at any time without prior notice or agreement. You should review the terms and conditions each time you make a purchase or 2.Account The customer agrees that you will always be responsible for the payment of any products or services purchased by it or an authorised employee or agent. 3. Title The customer agrees that the risk of loss and title for any product pass to you upon our delivery to ourcarrier or on installation (if required) by our employees or contractors. 4. Delivery fees The customer agrees to pay the following delivery fees unless waived by express agreement. Location Fee Launceston and Surrounds $Free Midlands $50 East Coast and North Coast $50 Small Load East Coast and North Coast $350 Special Delivery West Coast and South At Courier Coast Cost 5. Limitation of Liability and Indemnity engage a service. The customer agrees that you will not hold us liable for any acts or omissions and will indemnify us against all claims (including negligence), liability, damages (however caused), costs and expenses, including reasonable legal fees and expenses arising out of or related to the product provided or service received from us

Question

Could you please help me with the following listed below.

Brief background and context
Summary of legally relevant facts
Outline of key legal issues to be discussed

The three points above need to be addressed according to the case study shown below.

Attachment - Email Correspondence Part One

From: Jemma Fishburne

Sent: Tuesday, 23 August 2022 3:04 PM

To: Michelle Moorehouse Subject: FW: Outstanding Invoice

Hi Michelle,

As discussed on the phone just now and sorry to be a bother. As far as I'm concerned, I don't think we should pay it - I think my position is clear in the emails and other attachments provided.

There's no huge rush, but I'm getting tired of the angry phone calls. Of course, I will follow your advice.

Kind regards,

Jemma

GetOutlook for iOS

From: Accounts

Sent: Friday, August 19, 2022 11:17 AM

To: Jemma Fishburne

Subject: Re: Outstanding Invoice

Dear Jemma

We maintain our position is that Wineglass Seafood is liable for the payment in line with our terms and conditions. We would appreciate your company's prompt payment of our invoice (attached).

We note that if the invoice remains unpaid, we will be forced to consider our legal options.

Regards,

Bruce

Accounts Department

Launceston Signs and Designs

From: Jemma Fishburne

Sent: Monday, 15 August 2022 9:07 PM

To: Accounts

Subject: Re: Outstanding Invoice

Dear Accounts Department

I will not be paying this invoice. As I explained to Hugh - the pull up banners were never actually ordered. Sure they were delivered but you can take them back if you like. Second, the order for the outdoor sign was cancelled. And third, I did not agree to that outrageous delivery fee.

As far as I am concerned, this is an internal matter for you guys - so please sort it out with Hugh.

Kind regards,

Jemma

Jemma Fishburne

Bicheno Outlet Manager

Wineglass Bay Seafood Pty Ltd

Please consider the environment before printing this email.

Attachment - Email Correspondence Part One

From: Accounts

Sent: Wednesday, August 10, 2022 8:00 AM

To: Jemma Fishburne

Subject: Re: Outstanding Invoice

Wineglass Bay Seafood

Please find invoice for payment which is now overdue.

If you have any questions, please contact

Accounts Department

Launceston Signs and Designs

Launceston Signs and Designs Pty Ltd ACN 409256782 TAX INVOICE 13 March 2022 Attention: Jemma Fishburne Bicheno Outlet Wineglass Bay Seafood Pty Ltd By email: if@wineglassseafood.com.au DESCRIPTION PRICE UNITS AMOUNT Pull up banner - Premium $158.00 5 $790.00 Freestanding sign - Outdoor $6250.00 $6250.00 (Including removal and installation) Transport surcharge - East $350.00 $350.00 Coast GST @ $739.00 10% F TOTAL $8,129.00 Invoice payable within 21 days in line with our terms and conditions.Launceston Signs and Designs Pty Ltd ACN 409256782 TERMS AND CONDITIONS These General Terms and Conditions govern the provision and sale of products and services by Launceston Signs and Designs Pty Ltd and/or our contractors (we/us/our). 1. Application The customer agrees that every offer, order, and agreement that is conducted between our stores or employees, and authorised actions of our contractors or agents, is governed by these terms. We reserve the right to change these conditions at any time without prior notice or agreement. You should review the terms and conditions each time you make a purchase or 2.Account The customer agrees that you will always be responsible for the payment of any products or services purchased by it or an authorised employee or agent. 3. Title The customer agrees that the risk of loss and title for any product pass to you upon our delivery to ourcarrier or on installation (if required) by our employees or contractors. 4. Delivery fees The customer agrees to pay the following delivery fees unless waived by express agreement. Location Fee Launceston and Surrounds $Free Midlands $50 East Coast and North Coast $50 Small Load East Coast and North Coast $350 Special Delivery West Coast and South At Courier Coast Cost 5. Limitation of Liability and Indemnity engage a service. The customer agrees that you will not hold us liable for any acts or omissions and will indemnify us against all claims (including negligence), liability, damages (however caused), costs and expenses, including reasonable legal fees and expenses arising out of or related to the product provided or service received from us