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Viona recently needed a new sandwich maker, so she visited a large appliance store, Food-Prep Solutions Pty Ltd, in Adelaide. She spoke to one of
Viona recently needed a new sandwich maker, so she visited a large appliance store, Food-Prep Solutions Pty Ltd, in Adelaide. She spoke to one of the salesmen, Robert, in the kitchen appliances department and he showed her a wide range of sandwich makers that were in stock. She agreed that they all seemed very good, but there was one in particular which she liked and asked Robert to give her some information about that particular product. Robert said that it was a top of the range sandwich maker. It was from a famous brand and was very reliable and in fact was one of the store's 'best sellers' in the product range. He said: 'This will suit you very well and you will be very happy with it'. The sandwich maker is manufactured in Singapore and the manufacturer has offices operating on its behalf in Adelaide. Viona made the purchase. The next day, Viona turned on the sandwich maker and as soon as she did, there were sparks from the bottom of the sandwich maker and it blew up, causing her severe burns on her arms. At the same time, her son, Josh, who was also in the kitchen waiting to have a snack, was also injured. Both of them went to hospital and had to remain there for a few days to ensure that their injuries are not infected. Meanwhile, on the day of the incident, Viona had placed her new iPhone 14 on the kitchen bench. The phone was damaged during the incident when a large and heavy piece of the sandwich maker landed on it. The iPhone 14 has to be replaced. The kitchen cabinet was also damaged and the wall around it will need to be repainted. When Viona looked at the documentation which came with the sandwich maker at the time of purchase, she noticed the following statement: "No responsibility will be accepted for any defect in the goods sold and any warranty, statutory or otherwise, is hereby expressly excluded'. Viona now wishes to commence action with regard to the sandwich maker which she purchased, the physical injuries sustained, the loss of her iPhone 14 and the damage to her kitchen wall and cabinet. With reference to relevant legal principles, use the IRAC method to advise Viona of the relevant guarantees under Commonwealth legislation which she may use in her action against Food-Prep Solutions Pty Ltd with respect to the loss and injury sustained
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