Question
Dear Tutors, help me to answer the question bellow ; 1. THE CASE OF PT. ABC and PT. DEF PT. ABC and PT. DEF has
Dear Tutors, help me to answer the question bellow ;
1. THE CASE OF PT. ABC and PT. DEF
PT. ABC and PT. DEF has agreed to conduct a Cooperation Agreement in the field of procurement
tractor and garden machinery equipment. After 3 months of use, the garden machine turned out to be
damaged where in the cooperation agreement clause states that PT. ABC delivers
1 year damage warranty. PT. ABC refuses to make repairs
on the grounds that the damage occurs not due to misuse as it is
contained in the provisions of the guarantee in the Cooperation Agreement. This incident
resulting in PT. DEF feels aggrieved and wants to take the case to
Court.
Based on the case;
a. Analyze the case above using the appropriate Agreement Law Principles
b. Can the above cases be classified as Wan Prestasi actions?
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