Yoshiv Monash Electricals- oral express terms with an exemption clause

Yoshi(an ITstudent at Monash College)approachedJack, an experiencedcomputer technicianatMonashElectricals Pty Ltdin Melbournetoreplace andupgrade his laptop.

He carefully explained his requirements which included:

• Repairing the keyboard, which is defective after accidentally pouring bubble tea
• Repairing the screen, which was scratched by his pet cat
• Upgrading the RAM and video card
• Installingan antivirus to protect his work

Jacksaid toYoshi:

1. I promisewhen I install the upgradesit will befaster!

1. After I fix your laptop, it will bethe fastest laptop ever!

JackthenadvisedYoshito carefully read the exemption clause on the notice board displayed above the counter which reads:

EXEMPTION CLAUSE

The seller's liability is hereby limited toperforming the service again, where such liability arises out of breach of anexpresswarranty.

Yoshi, not paying attention, ignored the notice board and gave his laptop to be repaired and paid $3,000 in total.

A week later after the repairs and upgrades were completed,Yoshifound a number of issues with the laptop. Although the keyboard and screen were fine, the laptop was slower and would often crash. He later discovered the RAM installed was incompatible with his laptop, and the video card was an older and inferior version than his previous video card!

Yoshiargues that Monash Electrical has breachedthe contract and is therefore entitled to a refund!He wants to use the refund to buy another computer now that this laptop is messed up. He does not trust Jack to fix this one properly.

AdviseYoshiwhetherMonash Electrical has breacheda contractunder common law. In your answer, considerthe following issues:

1. What are the oral express terms of the contract?

R :

1. Have the terms been breached?
2. Is there an exemption clause?
3. Is it part of the contract?
4. Does the wording protect the seller for what happened?
5. What remedy is availablefor the breach of term?