Question
Fahid Safdir purchased a laptop from ProComp Industries Inc.'s online store for business use. After taking delivery, he discovered that the laptop had been preloaded
Fahid Safdir purchased a laptop from ProComp Industries Inc.'s online store for business use. After taking delivery, he discovered that the laptop had been preloaded with an adware program called ConsumerTrack (CT), a program which intercepts the user's secure Internet connections and scans the user's web traffic to inject unauthorized advertisements into the user's web browser witl1out the user's knowledge or consent. The adware also affects the computer's performance by increasing power consumption, decreasing battery life, hogging bandwidth, and wasting memory. The program also generally slows the laptop's operations although it does not prevent Safdir from running the programs he has installed on the laptop or from using the machine for web surfing and other functions. The purchase contract states "the parties agree that warranties or conditions contained in the Sale of Goods Act do not apply to this transaction.
What are Safdir's rights under tl1e common law?
Do the provisions of the Sale of Goods Act help Safdir?
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