Question
Subject: Commercial law--Exclusion Clauses Tony's business sells and also repairs cars in Hong Kong. He is anxious to minimise liability as much as possible in
Subject: Commercial law--Exclusion Clauses
Tony's business sells and also repairs cars in Hong Kong. He is anxious to minimise liability as much as possible in the event of complaints about repair work or the quality of cars sold. He thus wants to exclude all the implied terms that would otherwise be part of his contracts with customers.
Advise him as to the extent this will be possible in relation to each of the following customers:
(a) Bill, the owner of a driving-school. Bill has five dual-controlled cars and every two years replaces his existing vehicles with new cars purchased from Tony. Tony also does all the repair work on Bill's vehicles.
(b) Anne, who owns a car for private use. Tony has serviced her car annually for the past two years. Anne bought her present car from Iain three years ago and is about to purchase a replacement from him.
(c) Beta Limited, a company whose business is selling wine to online customers. It has never previously dealt with Tony but its managing director, Bert, is interested in purchasing a car from Tony on behalf of the company. Bert intends to use the vehicle both for business and private use.
Jurisdiction: HK/UK
Many thanks!
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