NEW ZEALAND LEGISTATION

Perlina, a dentist, has ordered a dental chair from Shimpal who manufactures and supplies medical equipment. Perlina has asked Shimpal to make some adjustments to a standard dental chair to take account of the fact that she is left-handed and unusually tall.

Shimpal makes the requested adjustments to a standard dental chair, places it into the awaiting delivery area of his warehouse, and tells Perlina that it will be delivered to her in the next two days. Unfortunately, before he arranges for the chair to be delivered to Perlina there is a fire in his warehouse and the chair is damaged. Shimpal thinks that Perlina is still required to pay him the agreed price for the chair.

Required:

Referring to relevant sections of Contract and Commercial Law Act 2017, advise Shimpal on his legal position with respect to the dental chair