Hal is interested in setting up a take$-$away fish and chips shop in North Wollongong. He wants his shop to be known for its speedy service. When he contacts Chef Supplies Pty Ltd a catering equipment wholesaler, he tells them that the deep $-$fryer he needs must be one on the market that is capable of heating up oil to boiling point within three minutes and of maintaining that temperature for a minimum of $10$ hours each day. Chef Supples specialises in European commercial kitchen equipment and is the sole distributor of most brands it sells.

Rick, the manager of Chef Supplies tells Hal that there has just been launched a brand new deep fryer model$-$the Sizzle $001$ that is able to heat oil to boiling point in less than a minute. Rick also tells Hal that it is half the price of other similar sized models currently being sold by Chef Supplies. Rick explains that the reason for its relatively low price is that it has not been subjected to the rigorous testing that the other deep fryers have. Nevertheless, Rick says it is $$state of the art European technology which will enable users to outclass the competition$.$

Hal is extremely interested in the Sizzle $001$ and goes down to Chef Supplies$$ showrooms to inspect the deep fryer. Hal is most impressed with its appearance. He does not notice that the way it is wired underneath will cause it to cut out periodically, as the wires heat up and come into contact with each other. Hal immediately agrees to buy it from Chef Supplies and signs an agreement which contains a clause limiting Chef Supplies$$ liability to replacement or supply of equivalent goods. The deep fryer is delivered the next day.

Hal opens for business three weeks later and on the second day, during the lunchtime rush, his new deep fryer cuts out for $10$ minutes then restarts. This slows down the service considerably and Harry reassures his customers that he will soon be able to iron out the teething problems he is having. The same thing happens later that day, and for the next few days. Many of Harry$$s customers have decided to buy hamburgers from the caf$$ next door for lunch as service there is much faster. Hal tries unsuccessfully to contact Rick.

The following week, just as Pete, Hal$$s kitchen hand, is removing a cooked basket of chips from the deep fryer, there is a violent gush of oil from the deep fryer and Pete is severely burned on the face. There is a sign on a small plate on the side of the deep fryer which reads, $$Do not leave on for extended periods. Use of gloves is imperative at all times$$ Peter was not wearing gloves.

Hal loses more customers after the accident. Word got around that Hal$$s shop is $$pretty dangerous$.$ Hal decides to close the shop. Pete remains in hospital.

Advise Hal and Pete of their legal positions in the above circumstances. Support your answer with case law and legislation where applicable.