Mr Kim is a businessman and is looking to purchase a new printing machine which will be able to output more than 10,000 sheets of paper per day. He contacts Havey Ltd (Harvey), the largest company in Geelong that, among other businesses, manufactures printing machinery. Harvey's sales representative suggests the Speedway machine, which she says, in her opinion, should be able to output 15,000 sheets per day. Based on that statement, Mr Kim bought the Speedway machine and secures several large printing jobs, which require him to be able to print between 12,000 and 15,000 pages per day. Once it is in use, the Speedway machine is only able to print 10,000 pages per day. Mr Kim contacts Harvey to obtain a refund. Harvey deny any liability and point to their written contract, which states that the printing capacity of Speedway is 10,000 pages per day.

Can Mr Kim hold Harvey to the verbal statement of the sales representative? Advise Mr Kim.