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Rebecca Cassidy opened her specialised pizza place, Cassidys, in a spectacular location overlooking the ocean at Dover Heights in 2 0 1 6 . One
Rebecca Cassidy opened her specialised pizza place, Cassidys, in a spectacular location overlooking the ocean at Dover Heights in One of the things that was absolutely essential to her restaurant was her industrial baking ovens. After extensive use over years, of her ovens had broken down and needed to be sent for repairs urgently prior to the commencement of the Christmas holidays her busiest periodAfter some research, she decided to engage Repairs Galore Pty Ltd hereafter Repairs Galore who had many good reviews on their website. She then called and spoke to Jeff, the owner of Repairs Galore, explaining to him the type of ovens she had, what she needed and importantly that she could not afford any delays in return of the ovens after repairs. Jeff explained that he was a Master Industrial Oven Repair Specialist and that he had been repairing Industrial Ovens for a number of businesses in the Sydney region. He assured her that he would personally supervise this job from start to finish to ensure that the job was done correctly.. She was told that due to the ovens suffering multiple problems, the cost for repairs was set at $ because of the amount of labour involved and it involving complex repairs requiring specialist expertise from a team of repair experts. She was further informed that once repaired, the ovens would not need repairs or maintenance for at least another years. She accepted his quotation and left her ovens with Repairs Galore, arranging from them to be delivered to her premises in days time.She signed a document entitled Terms and Conditions containing the following term:Repairs Galore will take all necessary care and precautions in dealing with the consigned items but shall not, in any circumstances whatsoever be liable for any loss or damage to the goods howsoever caused. No refunds under any circumstances. A week later, when Rebecca called up Repairs Galore to check on the progress of her work order, she was informed that due to staff shortage, it would take an extra weeks to complete her job. Rebecca has since suffered loss of sales due to having to lower her production while awaiting the return of her specialised ovens which could not be sourced locally in a short time frame The ovens were delivered to her weeks later and within days of use, broke down again.She has since discovered the followingJeff had assigned the repair work to his team of apprentices with minimal repair expertise who had been unsupervised over the period of time that they completed the taskAs the apprentices had not been instructed on the specialist nature of the task, they had caused further damage to other parts of the ovens resulting in new problems that were not there previously.Rebecca sought a refund from Repairs Galore but was informed that she was not legally entitled to itRebecca has since tried to take her mind off things by focussing on running her business. Having done a thorough inspection of her facilites at the restaurant, she observed that the nonslip mats in her kitchen and refrigeration room needed replacing.Rebecca purchased $ worth of mats from Kitchen Matz Pty Ltd hereafter Kitchen Matz The mats are described as industrial quality and grease and chemical resistant heavy duty and antislip on the company website as well as on labelling.Three months into running her busy restaurant, Rebecca notices the mats looked worn out, torn and heavily stained just by cooking substances. No amount of washing or cleaning the mats removed the stains. A couple of her kitchen staff had informed that they had a few slips as a result of some of the mats being slippery.She contacts an employee of Kitchen Matz named Ian, and demands that the mats be replaced or that she get a refund. Ian refuses, saying that the damage is a result of wear and tear and points out a clause in the contract Rebecca has signed that states: Kitchen Matz assumes no responsibility or liability regarding the fitness of the supplied mats for any purpose. Rebecca tells Ian that she will see him in court!Rebecca subsequently decides she needs to stay positive in spite of all the developments impacting her business. She noticed an increased health trend amongst her customers and wishing to capitalise on it purchases only fresh dough from her suppliers to make her pies. To this effect, she enters into a contract with Freshness Today Pty Ltd hereafter Freshness Today Rebecca has since further discovered via a Current Affair program that the dough she took great pride in sourcing for her pies was not fresh indeed. The dough had been made in New Zealand weeks ago before being shipped to Australia and stored in freezers at the suppliers premises prior to sale. Advise Rebecca of her standing in action with regard to CONSUMER LAW. Please answer the below answers, based on the above facts:aAdvise Rebecca whether her business satisfies the definition of consumer under the Australian Consumer Law ACL and whether any of the consumer guarantees have been breached by Repairs Galore, Kitchen Matz and Freshness Today including what remedies she is entitled to marksbAdvise whether Repairs Galore, Kitchen Matz and Freshness Today have engaged in any prohibited conduct under the ACL please discuss at least two types of conduct Further advise what remedies andor penalties are available. marksRemember: Your arguments must all be fully supported with relevant sections of the legislation and case law for both parts above.
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