The footnote number five in the agreement contained a clause stating that "The batteries installed in the system are supplied by Bosch Germany. Thus, Bailey Engineering Pty Ltd will not be responsible for their functioning as well as any damage caused by them". Singe Mr Ellis did not read the footnotes in the agreement, he was not aware of that clause when he signed the agreement. One day before the meeting to sign the contract, Mr Ellis received an email from Mr Bailey. The email was entitled "Advice on Maintenance". Apart from the detailed information regarding the way the system should be maintained, the last lines of the email also stated that " The batteries installed in the system are supplied by Bosch Germany. Thus, Bailey Engineering Pry Ltd will not be responsible for their functioning as well as any damage caused by them". Mr Ellis opened the email but read it in hurry and thus missed the statement in the last lines of the email. The receipt of the deposit also contained the same statement. However, it was not clear whether Mt Ellis checked the receipt or not.

when the company will not install the batteries supplied by Germnay but batteries from Chian.

Can Ellis sue the seller? with which law?