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Terms and Conditions of Sale - Essay Example

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Terms and Conditions of Sale Name: Institution: Course: Tutor: Date: Terms and Conditions of Sale Part A This is provided for in the contract of sale of goods as defined under section 2(4) of the Sale of Goods Act since AOL had agreed to transfer the property in the shoes to Tippy Toes Limited for a money consideration, the price1…
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Terms and Conditions of Sale
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Download file to see previous pages However, the seller provides that the goods will be of good quality and for the specific purpose and as he is liable to that extent if the goods delivered are not of good quality2. It is an implied term under the Sale of Goods Act section 13 and 14 that goods purchased will always be of quality that is satisfactory to the purchaser and the ultimate consumer3. If this is not met, the purchaser has a right to seek remedies from the seller. However the usual wear and tear of a commodity or good does not in any way affect the quality of goods and as such, the purchaser cannot recover from the seller for this reason4. Tippy Toes allege that the veckle was coming off pre-maturely but at the same time, this could be another event of wear and tear. It is upon Tippy Toes Limited to prove that this was premature and did not in any way fall under the category of normal wear and tear of those shoes for it to succeed against AOL. Property had already passed to Tippy Toes Limited and therefore, if there were any risks as per clause 7 of the contract, these were to be borne by it .Tippy Toes Limited paid all monies due to the Seller and the goods had already been delivered to it. They therefore are the bearers of any risks that may come along with regard to the goods5. Section 17 (1) of the Sale of Goods Act provides that the property passes when the parties to the contract intend for it to pass. This can be inferred from the terms of the contract. Clearly, the terms of the contract between Tippy Toes Limited and AOL provided for this. These were ascertained goods and once the property has passed, Tippy Toes Limited could not rescind the contract but only seek for loss and damages6. Under the AOL’s contract, where the buyer discovers any defect on the goods or where the goods do not correspond to their specification, the buyer has to notify the seller within 21 days of delivery of the goods. Alternatively, this can be done within a reasonable time after discovery of the defect if the defect was not apparent on reasonable inspection. The complaint by Tippy Toes Ltd was made on the 25 April 2012; approximately 2 months after the goods had been delivered by AOL. This was past the 21 days period that was required of them to lodge the complaint. However, Tippy Toes Ltd can argue that the defect was not apparent on reasonable inspection since it involved the Velcro fastening coming away from the buckle prematurely and this could only be noted after use for a while. If it is found that the defect was found to have been used for, it has to be determined whether the complaint was made within a reasonable time. Reasonableness depends on the circumstances of each case and in most cases; the Courts in determining whether an action was done within a reasonable time, looks at the earliest time necessary and convenient to do that thing that ought to be done. In addition, the Court may look at the previous conduct between the parties, the customs and usage of a certain business and any other specific agreements or objectives that the parties ought to have achieved. The burden of proof is entirely on AOL to prove that Tippy Toes Limited did not present a complaint within a reasonable time and for this, they were not in a position to repay them as they had entered into other business liabilities. Similarly, under clause 8.4 of the Terms and conditions, the seller can only either replace the ...Download file to see next pagesRead More
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