Question
UK Contract law question : On Monday, Marlon, the owner of a restaurant, went to his local wholesale retail store (Hell's Kitchen Electricals Ltd) in
UK Contract law question :
On Monday, Marlon, the owner of a restaurant, went to his local wholesale retail store (Hell's Kitchen Electricals Ltd) in order to buy new microwave ovens and electric food mixers to use in his restaurant.
The sales assistant assured him that the "SuperCooker" brand microwave ovens and food mixers would be good purchases. Although they were very expensive, Marlon decided to buy 6 of each. After he paid cash for his purchases, he was handed a receipt. The next day the machines were delivered to his restaurant. The delivery man handed him a standard form document and said that the sales assistant had forgotten to give it to him in the store the previous day. The document contained the following clause which was printed in very small letters on page 7:
Hell's Kitchen Electricals Ltd accepts no liability for any damage, injury or any other losses howsoever caused to customers while using their products
After Marlon tested one of the microwaves later that day having followed all instructions carefully, there was an explosion and the microwave was damaged beyond repair. Marlon has discovered that there was a defect in this particular brand of microwave which caused the explosion.
When Marlon tested the food mixers they failed to mix at the right speed, and no matter what Marlon tried, the mixers would not work properly.
Advise Marlon.
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