Answered step by step
Verified Expert Solution
Link Copied!
Question
1 Approved Answer

Eighty-three-year-old June wants to buy a new vacuum cleaner and has decided on a cordless and bagless model after she tripped on the cord of

Eighty-three-year-old June wants to buy a new vacuum cleaner and has decided on a cordless and bagless model after she tripped on the cord of her last vacuum cleaner and inhaled mouthful of dust.  With the help of her daughter Jenny, June visits Dogfreys Pty Ltd on the Kawana Waters retail strip and encounters the enthusiastic salesman, Richard. She and Richard get into a deep conversation about her Siamese cat Twiggy, who was recently begun to shed fur on the ceramic tiles of June's apartment in the 'Green Acres' retirement village.

Richard extols the energy savings of the recently imported, brand new cordless 'Green Energy' vacuum cleaner with its patented rechargeable lithium battery.  He tells June that, once it is fully charged, the lithium battery has a life of 100 hours, enabling continuous cleaning for that length of time. Furthermore, Richard tells June that the 'Green Energy' vacuum cleaner is guaranteed to comprehensively vacuum any dust, leaves, papers or other rubbish (and, as he says, "certainly any of Twiggy's fur!") left deposited on her apartment flooring. He also advises June that the 'Green Energy' vacuum cleaner comes with a lifetime guarantee of free spare parts and repairs, with parts, repairs and service delivery guaranteed within 24 hours of any customer request.

Being a bit of an environmental activist, June buys the brand new cordless 'Green Energy' vacuum cleaner with its patented rechargeable lithium battery.  When June gets home, she eagerly unpacks the new vacuum cleaner and, after charging the battery overnight, tries the vacuum cleaner out on the ceramic-tiled flooring in her apartment. To June's dismay the vacuum cleaner, which has only sucked up the fine hairs shed by her Siamese cat Twiggy, ceases to function within minutes. Although she is careful to follow the instructions in the Instruction Manual, nothing June does seems to rectify the problem. When June phones the "Repairs and Spare Parts" hotline on Tel.1800 666 666, she is told that all orders for spare parts, and all product servicing and repairs, have been placed on hold indefinitely because of unavoidable COVID-related supply problems.

When June again visits the Dogfreys' store to confront Richard, he smiles benignly and tells June, "That's the luck of the draw with modern vacuum cleaners, love! 'Buyer beware' and all that! Oh - did I show you this clause in the Warranty Agreement that limits our liability for breaching any guarantees? Sorry June - you haven't got a leg to stand on!"  

Now June is enraged and, hearing that you have just successfully completed Business and Company Law, comes to you for advice.

Advise June as to her rights, and Dogfrey Pty Ltd's and/or Richard's liability, under the Australian Consumer Law. Be sure to cite relevant sections and case law in your answer.

Step by Step Solution

3.33 Rating (153 Votes )

There are 3 Steps involved in it

Step: 1

Junes situation raises potential issues under the Australian Consumer Law ACL specifically regarding consumer guarantees warranties and misleading conduct Lets analyze her rights and the liability of ... blur-text-image
Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image_2

Step: 3

blur-text-image_3

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Introduction to Management Science

Authors: Bernard W. Taylor

11th Edition

132751917, 978-0132751919

More Books

Students explore these related Law questions