Question
On the windscreen of the vehicle, it has the following sign: GREAT OFFER AT AN UNBEATABLE VALUE ON A 2008 NISSAN GT-R BLACK EDITION! A
On the windscreen of the vehicle, it has the following sign: GREAT OFFER AT AN UNBEATABLE VALUE ON A 2008 NISSAN GT-R BLACK EDITION! A very coveted, stylish and performance-orientated car with a low mileage of 70,000 km Price at a bargain: $95,000! The company's salesperson, Ron, observing Alice's interest in the car rushes over rubbing his hands. "Fantastic car goes like a rocket!' says Ron. They started discussing the car's virtues and Alice soon asks about the low km: "Are you sure that it has only travelled 70,000 km?" Ron replies: "Can't be a 100% sure but given the condition I'd say it is spot on (correct)." Alice requests a test drive which Ron gladly oblige. After test driving the vehicle, Alice is slightly underwhelmed by the vehicle's performance. As she has no mechanical expertise, she mentions this to Ron and he immediately said that the vehicle has always been maintained at the highest level by the previous owner and that the service record is available for her to inspect if she wishes. Alice is still undecided and said: "I like to think about it over the weekend and I will let you know by Monday if I want to proceed with the purchase." Ron said that would be fine but that he cannot guarantee that the vehicle will still be available on Monday. Ron (who is desperate to make a sale and receive a bonus from his employer) decides to make Alice an offer on the vehicle by discounting $3,000 from the sticker price if she agrees to buy the car immediately. Alice is very tempted to conclude the deal for $92,000 since this is a very good price on a low mileage limited-edition Nissan GT-R. Sensing Alice's lingering hesitancy, Ron (in a reassuring manner) says that: "you will never find a better version of a limited-edition Nissan GT-R than this. It will satisfy all your requirements for a performance vehicle. Besides
you have nothing to lose; if you change your mind, I am more than happy to give you back your money." Ron, then, hands Alice a standard-form contract. On the front page of the document was printed in bold but not in big print, the following words: This document is intended to create a legally binding contract; any Party contemplating signature is advised to take appropriate independent advice before doing so. The other terms include, inter alia, the following: Clause 5: 'All terms of the contract are included herein. It is hereby acknowledged that all express or implied term or statement or warranties or conditions, statutory or otherwise, are hereby excluded unless specifically included in this Agreement, and the vehicle shall be taken with all defects and faults whether known or unknown without any allowance or abatement whatsoever.' Clause 6: The Buyer is free to inspect or survey the vehicle and hereby acknowledges that he/she is satisfied as to the vehicle's condition, quality and specifications. Clause 7: This contract is subject to a cooling-off period of three (3) business days from the date of this written agreement, after which, no refunds shall be made. When Alice queries clause 7, Ron laughs and stumbles slightly, says: "Oh that's just the standard contract. Unfortunately, we aren't permitted to change anything, but don't worry, you have made a fantastic purchase." Ron smiles and Alice signs the contract. Ron then stamps the contract with the following: 'I, the purchaser, whose signature appears below have read and understood all the terms of the contract.' Finally, Ron asks Alice to sign again next to the stamp. Alice signs again just below the statement, and hands Ron a deposit $5,000 and the remainder of the purchase price paid on Wednesday the following week before taking delivery of the car. Ten days after taking delivery of the car, it broke down without warning whilst Alice was driving along the Monash Freeway. It has now been discovered that the vehicle's turbo charger had failed and there was evidence of significant wear in the transmission which requires a complete replacement. There were also some electrical issues which causes the dashboard lights to go off intermittently making nighttime driving both dangerous and distracting. Alice's mechanic believes that the failure of the turbo charger and the transmission is the result of poor vehicle maintenance. It has also been discovered that the vehicle was not imported into Australia as a new vehicle but that it had been imported and purchased by the previous owner from the Japanese used car market known as grey imports. There is also suspicion that the
vehicle's odometer reading may not be accurate. The estimated cost to Alice to replace both the turbo charger and the transmission is $30,000. Alice is extremely distressed by everything and have requested a full refund of the purchase price from Honest Jim's Car Yard Pty Ltd. They have directed Alice to the written contract that she had signed and in particular clause 7 regarding their no refund policy. Alice seeks legal advise from you as to whether any legal action can be taken against Honest Jim's Car Yard Pty Ltd for breach of contract and under the Australian Consumer Law.
please help me find ACL Section and 4 issues
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