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Donald wanted to buy a Super Mario Bros. video game. He went to a gaming store owned by Stormy Pty Ltd. As he walked into
Donald wanted to buy a Super Mario Bros. video game. He went to a gaming store owned by Stormy Pty Ltd. As he walked into the store, there was a sign prominently displayed in large letters which said "All sales FINAL, there are no refunds or replacements given for any reason and all implied terms, conditions, warranties and guarantees are hereby excluded." After seeing the sign, Donald proceeded to buy the Super Mario Bros. game. When he played it at home, there was a problem with the game. Every time the Toad character in the game would appear, the game would seize up and he couldn't play it any longer. After doing some research, Donald discovered that the game he purchased was from a defective batch. Donald took the game back to the store for a refund or replacement. The assistant at the store pointed to the sign and said there were no refunds or replacements given. Which of the following is correct: A) It is likely that the statement in the sign formed an express term of the contract because reasonable notice of the term was given to Donald prior to entering the contract; B) As a result of the sign, the guarantees in the Australian Consumer Law would not apply; C) As a result of the sign, no terms would be implied into the contract under the Sale of Goods Act; D) Stormy Pty Ltd has breached the implied term to act in good faith as was discussed in Burger King Corp v Hungry Jack's Pty Ltd (2001) 69 NSWLR 558; E) Stormy Pty Ltd could sue Donald for public nuisance as he has defamed the company by asserting it sells defective products; F) Both a. and c. are correct
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