Question
Question 1 Farmco Ltd is a large farming business. They purchased a tractor from SCO Ltd for $37,000. The tractor is to be used on
Question 1 Farmco Ltd is a large farming business. They purchased a tractor from SCO Ltd for $37,000. The tractor is to be used on Farmco properties to tow a trailer. The signed contract for the sale of the tractor contains the following clauses; a. The buyer agrees that SCO will not provide any refund on any of its vehicles returned-with faults after 7 days from purchase. b. This written contract is the entire agreement between the parties. Two weeks prior to signing the contract, Farmco were promised by a SCO salesperson that the tractor would operate with Farmco's XP200 trailers. Farmco states that the only reason they are buying the tractor is to tow the XP200. After the tractor is delivered, Farmco discovers that the tractor is not compatible with the XP200 trailers. Advise the parties under common law (express terms) whether: A.
- The representations in the signed contract are express terms
- The oral representation made by SCO Ltd is an express term of the contract
B. Whether Farmco can take action against SCO Ltd for breach of contract under common law express terms? II. Advise under the ACL consumer guarantees:
- Whether Farmco is a consumer / Whether the ACL consumer guarantees will apply for Farmco.
- Whether any consumer guarantees were breached
- Is the NO REFUND exemption clause effective
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