Elliot is starting up a small buying and selling business. He intends to use the Internet for his transactions and needs to buy a more powerful computer than his rather old model. He visits PC Planet and describes his requirements to one of the assistants, who recommends the new Macrofirm X2. The assistant further recommends a particular software package, Macrofirm Doorways which PC Planet would install if Elliot could wait for half an hour. Elliot agrees to the installation and the computer for the price of ZMW 15 000.

At the cash desk, Elliot is given a form to sign, which he does, after reading the contents. The software package is installed by Jack, an employee of PC Planet and a delighted Elliot takes his new computer home. Three weeks of perfect service from the computer end in misery just as Elliot is about to clinch a purchase on E-Bay. The computer crashes and fails to start again, despite repeated attempts. PC Planet now reports to Elliot that the Macrofirm Doorways software which they had installed into the computer has rendered the computer irreparable.

When Elliot complains, he is shown the document which he signed at the time of the purchase, in particular, the following clause:

• 2.1. PC Planet accept no liability for breach of all warranties for the quality of their computers or software, or for any other losses, howsoever arising.

Draft ex-parte summons and affidavit you would file into court for purposes of obtaining an injunction restraining Eliot from breaching the agreement citing the relevant law applicable.