Question: What are the Legal rules apply in this case?

From: Michelle Moorehouse Team Leader To: Graduate (me)

Date Monday 29 August 2022 Subject: Disputed Purchase - Launceston Printing and Design

Jemma, our outlet manager in Bicheno, has received an invoice from earlier this year. It appears there is a disagreement between her and a signage company about whether or not things were properly ordered or not. The dispute is above $5,000 so Jemma has escalated the matter to us at head office in line with company policy. I am tasking you with reviewing the enclosed materials and providing me with a memorandum containing your critical analysis in response to the following questions: containing critical analysis, in response to the following questions: Is there a valid contract for the banners?

Is there a valid contract for the outdoor sign?

Is Wineglass Bay Seafood bound by the so-called "terms and conditions"?

Are there any other legal issues arising from the materials? Please give legal reasons for your answers and keep your analysis to a maximum of one thousand five hundred words

Email correspondence between wine glass seafood and launceston designs

Email 1) From: Jemma Fishburne Sent: Friday, 18 February 2022 7:34 AM To: Hugh Jefferson Subject: Replacing Outdoor Sign

Hi Hugh,

The sign on our shopfront wall is a bit tired and needs replacing after several years. I am also worried about the vacant lot next to us being developed so I was thinking about installing a sky sign so that you can see it from the main road.

Here's what I was thinking that I found online:

I'd like the dimensions of the sign to be 2.0 m (height) x 5.0 m (length) - with legs of 0.5 m. I'd like the text to say:

FRESH LOCAL SEAFOOD DIRECT TO THE PUBLIC OPEN TUESDAY - SUNDAY

Do we need a council permit for this? In any case, please let me know what you think and how quickly you would be able to get this done?

Kind regards, Jemma

Jemma Fishburne Bicheno Outlet Manager Wineglass Bay Seafood Pty Ltd

Email 1 part 2 From: Jemma Fishburne Sent: Friday, 18 February 2022 8:04 AM To: Hugh Jefferson Subject: Request for Quote - Marketing Banners

Hi Hugh

Another request sorry. I am in need 5 pull up banners for a marketing event expo in March. Do you have these in stock? And do you have the good ones, the event is outside and need them to be sturdy?

Kind regards, Jemma

Jemma Fishburne Bicheno Outlet Manager Wineglass Bay Seafood Pty Ltd

Response Email 1 : Sent: Friday, 18 February 2022 9:56 AM To: Jemma Fishburne Subject: Re: Replacing Outdoor Sign

Dear Jemma, Thanks for your inquiry.

There will be no problem from the council's point of view. We have installed much bigger than this recently, it didn't need any permits and there haven't been any problems.

I would recommend installing the sign structure first and the applying the design to the face of the sign a week or two after it has been constructed. We can commence work on this late next week, and estimate it taking one or two days at the most, depending on the roof structure.

The cost is $7000.00 (before GST and excluding delivery).

Response Email 1 part 2 Sent: Friday, 18 February 2022 10:15 AM To: Jemma Fishburne Subject: Re: Request for Quote - Marketing Banners

Dear Jemma Thanks for your email. No worries, always good to hear from you!

Yes, we have stock. Usually we would supply for $158 per banner. This is the cost for our premium banner (with a 15% discount for a returning customer).

However, we would like to provide these to you free of charge - all we ask is that you display some Launceston Signs and Designs flyers and my business cards at your expo stall. Think of it as two small businesses looking out for each other. If not, no worries, I'll just add them to your invoice.

If you are happy with this, we will print the design that we have on file tomorrow morning and we will deliver to you next week.

Cheers, Hugh

Hugh Jefferson Account Executive Launceston Signs and Designs Pty Ltd

Re-response Email 2) From; Jemma Fishburne Sent: Friday, 18 February 2022 2:24 PM To: Hugh Jefferson CC: Jeremy Hunter Subject: Re: Replacing Outdoor Sign Hi Hugh, Thanks for coming back to me so quickly. I would be happy to proceed if you could do it for $6,250. I'll have my assistant Jeremy call you next week to arrange logistics. Kind regards, Jemma

From: Jemma Fishburne > Sent: Friday, 18 February 2022 5:22 PM To: Hugh Jefferson & @launceston designs.design Subject: Re: Request for Quote - Marketing Banners

Thanks.

Kind regards, Jemma

(Jeremy attempted to call as jemma stated he would. With no answer, he left a Voicemail) from Jeremy (Jemma's assistant) Tuesday, 22 February 2022 9:08 AM

Transcript:

Oh Hi there Hugh It is Jeremy here from Wineglass Bay Seafood Just calling in relation to the discussion about the sign for our Bicheno premises.

Jemma has asked me to get you to cancel that order for now - reason is we are just having issues with our lease renewal and obviously we don't want to spend the money on the sign unless we have that lease locked in.

So yep, hold that for now, but any questions give me a call. Thanks. (no response to this call was given)

Email Correspondence Part 2

From: Jemma Fishburne Sent: Wednesday, 23 February 2022 10:19 AM To: Hugh Jefferson &. launcestondesigns . design> CC: Jeremy Hunter Subject: Re: Replacing Outdoor Sign

Hi Hugh

Just tried to call. Not sure what is going on, but your guys are here installing the sign. Jeremy said that he cancelled the order earlier in the week.

Please call me ASAP. Jemma

(no response to this email....)

From: Accounts &..s@launcestonsigns.design> Sent: Wednesday, August 10, 2022 8:00 AM To: Jemma Fishburne &..f@wineglassseafood.com.au> Subject: Re: Outstanding Invoice

Wineglass Bay Seafood Please find invoice for payment which is now overdue.

If you have any questions, please contact a..s@launcestonsigns.design.

Accounts Department Launceston Signs and Designs

Launceston Signs and Designs Pty Ltd ACN 409256782 TAX INVOICE 13 March 2022 Attention: Jemma Fishburne Bicheno Outlet Wineglass Bay Seafood Pty Ltd By email: if@wineglassseafood.com.au DESCRIPTION PRICE UNITS AMOUNT Pull up banner - Premium $158.00 5 $790.00 Freestanding sign - Outdoor $6250.00 $6250.00 (Including removal and installation) Transport surcharge - East $350.00 $350.00 Coast GST @ $739.00 10% TOTAL $8, 129.00 Invoice payable within 21 days in line with our terms and conditions.Launceston Signs and Designs Pty Ltd ACN 409256782 TERMS AND CONDITIONS These General Terms and Conditions govern the provision and sale of products and services by Launceston Signs and Designs Pty Ltd and/or our contractors (we/us/our). 1. Application The customer agrees that every offer, order, and agreement that is conducted between our stores or employees, and authorised actions of our contractors or agents, is governed by these terms. We reserve the right to change these conditions at any time without prior notice or agreement. You should review the terms and conditions each time you make a purchase or engage a service. 2. Account The customer agrees that you will always be responsible for the payment of any products or services purchased by it or an authorised employee or agent. 3. Title The customer agrees that the risk of loss and title for any product pass to you upon our delivery to our carrier or on installation (if required) by our employees or contractors. 4. Delivery fees The customer agrees to pay the following delivery fees unless waived by express agreement. Location Fee Launceston and Surrounds $Free Midlands $50 East Coast and North Coast $50 - Small Load East Coast and North Coast $350 Special Delivery West Coast and South At Courier Coast Cost 5. Limitation of Liability and Indemnity The customer agrees that you will not hold us liable for any acts or omissions and will indemnify us against all claims (including negligence), liability, damages (however caused), costs and expenses, including reasonable legal fees and expenses arising out of or related to the product provided or service received from us