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Question: Joan is setting up a small business mowing lawns and maintaining domestic gardens. Her ...

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Joan is setting up a small business mowing lawns and maintaining domestic gardens. Her business is called 'Prune & Bloom'.

Joan needs a sturdy lawnmower that will withstand frequent use, so she goes to her local Nailed It Hardware store. Joan is assisted by Effah. Joan explains her needs, and Effah shows her the MowMaster 3000, a new brand of lawnmower.

"The MowMaster 3000 is the one for you. It's amazing! The blades can cut through anything, and they'll never get blunt or bent out of shape. I think you'll get through your jobs in no time with this one, and be able to fit more clients into the week. It was designed in Germany and made from the best quality parts."

Joan checks out the MowMaster 3000, and is convinced by Effah's comments. She decides to purchase one.

After only 3 days of using her new MowMaster 3000, Joan notices that it is not cutting as well. When she inspects the blades she finds that they are already worn down and blunted.

When she calls the Nailed It Hardware store to complain, she is told, "We're not responsible for any problems like that. Didn't you see the sign at the counter?"

At the sales counter where Joan had paid for her MowMaster 3000, there was a small sign: Nailed It Hardware is not liable for any breach of warranty or condition in any sale of its products.

When Joan was at the counter, the sign had been partially hidden by a group of pot plants being held aside for another customer to collect.

1. Are any of Effah's statements about the MowMaster 3000 part of the sale contract?

2. Does the sign apply to Joan's sale contract with Nailed It Hardware?

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Answer #1

1. There are no statements about the MowMaster 3000 part of the sales contract. whatever statements passed by Effah's they are part of selling product. there are absolutly no sale contract into play. but here not giving detailed information to customer is a mistake of the seller.

2. Yes, if Nailed It Hardware have written or mentioned that sign saying that they are no responsible for any problem. They will not take responsibility of it. and buyer has to agree to that.

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