QUESTION 3 10 MARKS Frank decided to replace the lawn in his backyard with artificial turf (fake grass) He sees an advertisement on television from an artificial turf business, Great Green Grass Pty Ltd (GGG) Frank contacts GGG, and a sales representative comes to his house and measures the lawn area Three days later, Frank receives a quotation contract for the artificial turf, which he is asked to sign and return with his payment This document contains, amongst others, the following statements A 50 per cent deposit is to be paid upon signing the contract Payment of the balance is due and payable upon notification by GGGthat the artificial turf is available to be laid The delivery time quoted by GGGis anestimate only and we cannot be held responsible for material delays, industrial action, strikes or manufacturing delays There will be no exchange, credit or refund on discarded cut lengths of artificial turf from the roll of turf Artificial turf subject to the manufacturer's fault must bereturned within seven days of the date of installation and can only be exchanged for other turf No refunds will be given Six months after installation, Frank's artificial turf has yellowed and shrunk so that it no longer covers the original area and has bare patches Frank complains to GGG who says there is nothing they can do as more than seven days have passed since installation Explain whether any of clauses 1 4 above contravene the Australian Consumer Law, referring to specific content (not necessarily section numbers) under the unfair contract terms Assuming a breach, advise Frank of the consequences should any of these terms be declared unfair

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QUESTION 3 10 MARKS Frank decided to replace the lawn in his backyard with artificial turf (fake grass). He sees an advertisement on television from

QUESTION 3 10 MARKS

Frank decided to replace the lawn in his backyard with artificial turf (fake grass). He sees an advertisement on television from an artificial turf business, Great Green Grass Pty Ltd (GGG). Frank contacts GGG, and a sales representative comes to his house and measures the lawn area. Three days later, Frank receives a quotation/contract for the artificial turf, which he is asked to sign and return with his payment. This document contains, amongst others, the following statements:

A 50 per cent deposit is to be paid upon signing the contract. Payment of the balance is due and payable upon notification by GGGthat the artificial turf is available to be laid.
The delivery time quoted by GGGis anestimate only and we cannot be held responsible for material delays, industrial action, strikes or manufacturing delays.
There will be no exchange, credit or refund on discarded cut lengths of artificial turf from the roll of turf.
Artificial turf subject to the manufacturer's fault must bereturned within seven days of the date of installation and can only be exchanged for other turf. No refunds will be given.

Six months after installation, Frank's artificial turf has yellowed and shrunk so that it no longer covers the original area and has bare patches. Frank complains to GGG who says there is nothing they can do as more than seven days have passed since installation.

Explain whether any of clauses 1- 4 above contravene the Australian Consumer Law, referring to specific content (not necessarily section numbers) under the unfair contract terms. Assuming a breach, advise Frank of the consequences should any of these terms be declared unfair.