Question
Helen is a vehicle mechanic who has her own business Hell on Wheels. The business is run by herself together with an apprentice mechanic.She has
Helen is a vehicle mechanic who has her own business Hell on Wheels. The business is run by herself together with an apprentice mechanic.She has recently leased a Metallicar 4 Post Hydraulic Hoist to work on the vehicles of customers. It was leased from Pimp My Ride Pty Ltd. The lease cost $35,000 over three years. She has also recently purchased a Metallicar Hydraulic Floor Jack from Pimp My Ride for $280.00. The rated capacity of each of them istwo tonnes. Both these products operate perfectly for working on conventional sedans and hatchbacks up to 1.5 tonnes. However the representative atPimp My Ride Pty Ltd had assured Helen that these specifications were conservative and the equipment was over engineered and could easily lift three tonnes. However when working on a 2.4 tonne Toyota Landcruiser the Hydraulic Hoist gave way without warning damaging the vehicle. And on another occasion the Hydraulic Floor Jack gave way when lifting a 2.4 tonne Toyota Hilux also causing damage to the vehicle.Pimp my Ride had acquired the hoists from Automagic Pty Ltd who were a Sydney manufacturer.Further, Helen has a requirement to safely dispose of replaced vehicle fluids such as brake fluid and oils. She contracted with Drizzle Wizards Pty Ltd to pick up vehicle waste for disposal or recycling.The conditions of the contract included the terms:1.The customer is exclusively bound to use the services of Drizzle Wizards. While this contract is on foot the customer cannot engage any other vehicle fluids disposal and recycling services.2.The customer indemnifies Drizzle Wizards against any loss which may be suffered by the customer in the provision of the recycling service even if any loss is the fault of the service provider.3.The customer is bound to pay Drizzle Wizards for the recycling service even if Drizzle Wizards is unable to perform the service.Because of their own negligence in keeping their computer network secure, Drizzle Wizards were hit by a ransomware outage which prevented them from carrying out any vehicle fluid waste pickups for three weeks. Helen had to engage a much more expensive short term solution using a Drizzle Wizards competitor.
Advise Helen as to her rights There is no need to discuss the
Australian Consumer Law s 18. Make sure you apply the relevant provisions and show your reasoning in order to justify your conclusions.
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