Business law, 幫幫手唔該
Sarah goes to Melody Instruments Limited (M) to buy a new piano. She meets Peter, the head of sales at the factory shop. He shows her their latest model Supreme Sound. He assures her that it has been tested by famous pianists all over the world. It produces excellent sound. It is also incredibly reliable, especially built for rough use by students, with its new Reflon coated keys. She convinces Peter to include a free one year service contract to secure the deal.
Peter agrees, and presents Sarah with a contract, indicating where she should sign. She is a little hesitant, but is relieved to see that the contract allows 25 days for returns. Sarah signs the contract, pays the £20,000 price with her credit card, and arranges for the piano to be delivered.
Received the piano, she tries it out and notices that a couple of keys are stuck, she tries to loosen the keys and breaks two of them. She calls M to send out a service engineer to fix the problem.
On the internet, Sarah discovers that the material Reflon is still in early stages of research and development and has not been tested for use on piano keys. To make matters worse, Supreme Sound has received universally critical reviews about its reliability on a popular pianist forum, the Stauss Club. Their complaints were mainly about stuck and brittle keys.
Sarah phones M to return the piano and get her money back. M argues that:
(i)While M is happy to accept returns as per the contract, there would be a £1000 administration fee. This fee, M argue, is clearly stated in their standard terms, which are available from all M offices and are clearly posted at the back of the manager’s office in the factory shop from where S purchased the piano;
(ii)The written contract did not mention the free service contract, and therefore M has no obligation to send out an engineer to Sarah.
Explain Sarah’s legal position under general contract law and detail what remedies might be available to her.
- 7 年前最愛解答
We have to examine (review) the contract carefully, M indicate that 1,000 Pound administration fee is standard term. This administration fee only valid (applied) if it is written in the contract (black and white). In this case, this 1,000 pounds is not written in the contract, because M argue this fee posted at the back of the manager' office. This posting is only reference for the manager and is not necessary apply to the purchase contract. Thus, the administration does not applied to the return item.
Second. Although its mentioned one year free service contract, In this purchase transaction, I did not see S signed and purchase this free service. S convinces Peter to include this free service, against this free service did not included, because there is no indication such free service included, if this service included, this also require signed agreement. The provided statements did not show any interest of S has signed for this service. Thus, M is not obligate to provide this free services.
PS all contract laws has to be written and signed, sometime oral contract is applied only if this is company policy only for consumer protection, not for the seller.