QUESTION

Albert, a chef, enters Sunshine Bakery, a culinary store, in order to buy some cookware for a prestigious event that he is hosting in his restaurant. He seeks advice from Zeta, a shop assistant, about the quality of the pans in which he is interested. Zeta tells him that 'these pans are the best in the range; they can sustain the hottest temperatures on earth'! Xavier decides to purchase a set of these pans and a range of very sharp knives.

As Albert is paying for the items at the cash desk he asks for them to be delivered to his restaurant. He is handed a sheet of paper with confirmation of the delivery details.

At the bottom of the delivery note are the following terms:

Sunshine Bakery do not accept any responsibility whatsoever for statements made by employees prior to entering into the contract.

Sunshine Bakery do not accept responsibility for any damage or injury caused by defects in the quality of our products.

No terms will be implied as to the quality of the goods sold.

On the night of the event, Albert finds that the pans do not sustain high temperatures at all and much of the food is burned, making it completely inedible. In addition, the handle on one of the knives is loose and causes Albert's hand to slip when cutting some onions. He badly injures his finger and has to be rushed to hospital. As a result of these events, the evening is a disaster and Albert's business reputation is so badly affected that he fears his restaurant will have to close

Explain, with reference to statutory provision and decided case law , the extent as to the terms implied by the Sale of Goods Act 1979, as amended may have been breached by Sunshine Bakery.