Question
Owen Rowland owned and operated a restaurant. The restaurant ovens were old and needed replacing. Owen called for tenders for the supply and installation of
Owen Rowland owned and operated a restaurant. The restaurant ovens were old and needed replacing. Owen called for tenders for the supply and installation of three new ovens. The successful tender was submitted by Restaurant Equipment Pty Ltd at a price of $15,000 per oven supplied and installed. Its price for the supply and installation was much lower than any of the other tenders because Restaurant Equipment Pty Ltd wasn't giving a warranty. Owen didn't notice that there was no warranty when he accepted the tender. The new equipment subsequently proved to be unsatisfactory due to its unreliability. Restaurant Equipment Pty Ltd has refused to take the equipment back or to have anything further to do with it, stating that it was supplied on a 'as is' basis with any and all faults and defects. Is there any legal course of action available to Owen in this situation? Discuss
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