Rashid runs a printing and copying business in the high street. He was looking to replace his old photocopying machine with a modern and reliable machine. He asked CopyRight Machines, who deal in new and second-hand photocopier machines, to advise on a replacement.
Rashid told their sales representative that the replacement machine would be in constant daily use and that reliability was essential because the business would be lost if the machine was not working while awaiting repair.
The salesman said “I have exactly what you are looking for” – and showed Rashid a Zantan photocopier which was only 1 year old and had been regularly serviced.
Rashid bought the Zantan photocopier for £8,000 and signed an agreement which contained the following clause:
“All second-hand machines are sold subject to our 3 months of free parts and labor warranty. All other conditions or warranties, express or implied, are excluded.”
During the following 3 months, the machine broke down on 10 occasions due to minor faults. Although these were remedied free of charge by a technician from CopyRight Machines, Rashid had no choice but to turn away customers on each occasion. He lost an average of £100 in regular daily profits each day that the machine was out of action.
Four months after purchase the machine broke down again, this time with a more serious mechanical problem which would cost £500 to repair. This has resulted in Rashid losing the contract to print programs for an important concert to be held later that month. This was a very lucrative contract that he had negotiated with the concert promoter, who had promised him a bonus of £1000 if he completed the job on time but it will now be impossible for him to complete that work on time, and the concert promoters have given the work to another printer.
Rashid wishes to have nothing further to do with the machine and has demanded the return of the purchase price and compensation. CopyRight Machines have offered to repair the current fault but insist on charging for the work because the machine is now out of warranty. They refuse to return his money or pay any compensation.
Answer both of the questions that follow.
a) Explain the legal issues that arise in the above scenario. What would be the legal basis of any claim(s) that Rashid could make against CopyRight?
b) CopyRight argues that Rashid is too late to bring any claims against them. Is that correct? Explain the legal issue that arises on this point.
Word Count: 800 words
OSCOLA referencing
PLEASE USE UK ENGLISH
PLEASE MAKE THE MICROSOFT WORD DOCUMENT – ENGLISH (UNITED KINGDOM)
PLEASE COMPLETE PAPER ON TIME
PLEASE DO NOT USE SOURCES FROM ANY LOCKED SITES OR ESSAY WRITING SITES
PLEASE ONLY USE SOURCES FROM ACADEMIC SOURCES, RELIABLE SOURCES AND UNLOCKED WEBSITES
PLEASE DO NOT USE THE SAME SOURCES FOR EVERY SENTENCE OR REPEATEDLY USE THE SAME REFERENCE SOURCE OVER AND OVER AGAIN
PLEASE ADHERE TO ALL INSTRUCTIONS VERY STRICTLY