Business Law and Aftersales Management - Assignment Example

Business Law Quiz Q When Andy buys a jet-ski from a dealership, the two parties enter into a binding contract, and they have to apply the necessary terms and conditions with respect to the US Uniform Commercial Code. The first event in the transaction is the transfer of ownership of the jet-ski from the seller to the buyer, Andy. In exchange, Andy commits the amount of money that the seller requires a binding contract. Each state has sales laws that govern the sale and leasing of goods. Article two of the Uniform Commercial Code is the main regulatory law for transaction of goods (Brock, 32). In order to identify with the UCC contract, the product that the parties exchange must exist, in the current case the product is the jet-ski. Article 2 of UCC governs every phase of transactions and describes remedies for problems that might arise. The contract involving Andy and the local Kawaskai dealership is effective when the parties exchange goods under the Uniform Commercial Code provisions. Unfortunately, the product broke down the second day. Andy decides to return the product back to the seller. The dealer refuses to refund the money that Andy demands (LII 1). The UCC has a clear description and remedies for problems that might arise in transactions. The law has a provision for warranty stating that a buyer can return goods to the seller in case the goods prove to be faulty within a specific period. Provisions for a warranty allow for replacement in case of a faulty product acquired from the buyer. The law only entitles Andy to get a replacement for goods and not receive a refund of the money. Andy’s action is unjustified and should only get a replacement for the jet-ski since he had entered into a contract. Q1 a Section 2-725, is the Statute of limitation in the contract for sale. The law clarifies that parties must clarify any action of breach of contract within four years after initiating the course of action. Otherwise, the parties can as well shorten the time limitation to a period not less a year. The statement connotes that the buyer must notify the seller of any breach of contract within a specific period. The buyer and the seller can adjust the period from four years to not less than one year. Within the period, the buyer can notify the seller for any breach of contract. Q 2 b In section 2-601, there are provisions on breach in installment contracts that provide the buyer some rights on improper delivery. The provisions are, however, subject to sections of contractual limitations of remedy. If the seller declines to conform to all terms provided in the contract, he may accept or reject the commercial unit. The seller has rights, provided by law, to inform the buyer of his intent to cure and make a conforming delivery on time (Brock, 215). After expiry of contractual limitation remedy, the buyer has to discharge the agreement as its states in the original contract. Therefore, non-conforming tender can be acceptable if done within the contractual limitations remedy Act. Q 3 John expressed willingness to sell the tables and chairs through advertising in the newspaper classified. The law has several provisions that allow business organizations and individuals to inform potential customers and clients on the availability of products. Larry as a potential buyer has opted to respond to the advertisement. He decides to buy the furniture and pay but realize they do not fit at the back of his car. He then decides look for a truck from a friend. During the interim, John’s house burns down and destroys the furniture. Larry demands payment as a refund for the goods destroyed by fire. UCC provides that ownership of a commodity transfer from the buyer to a seller immediately they sign a contract as stipulated under applicable law. After buying furniture, the contract binds the buyer as the new owner. The seller would only retain some ownership if the buyer bought the goods on credit or pays in installments. Larry transferred the goods to his car but realized there was limited space to accommodate them. According to UCC, Larry should not receive refund because John sheltered the furniture in his premises out of courtesy and no longer in a business relationship. Larry may get compensation for the goods on different terms. If John had covered the goods or the house against the risk of fire, he would receive compensation and over new furniture to Larry. Larry has no right whatsoever to retrieve the goods. Q 4 Section 2-202 outlines the final written expression. Contemporaneous oral or prior agreements are evidences that cannot contradict confirmatory memoranda by which parties come into agreement through writing as a final expression of decision-making. Otherwise, dealing or usage of trade or performance has the potential of supplementing confirmatory memoranda. Secondly, consistent additional terms can act as evidences to confirmatory memoranda. The statements are subject to section 1-205, which outlines that reasonable time for taking actions. The article states that the validity of an action depends on the circumstances, nature, and purpose of the action. Secondly, the validity of an action depends on the prior agreements that the parties make. The UCC section has conditions for the use of evidences in making final expressions in business transactions. Commercial parties are often aware of UCC as the regulatory system in business. All contract signed by different parties are binding and subjected proper documentation. Both the buyer and seller accord one another specific rights to regulate their transactions. The Statute of Limitation in Contracts for Sale gives business parties the opportunity to control their operational procedures. Section 2-208 of UCC highlights guidelines to situations involving repeated occasions for performance. Any course of action that two participating parties take in agreement is relevant to decision making. Therefore, prior evidences of dealing or usage of trade may not be useful in confirmatory memoranda unless they satisfy particular provisions. Requirements for agreeing to a final and complete expression are dependent on other factors. Works Cited Top of Form Brock, David. Aftersales Management: Creating a Successful Aftersales Strategy to Reduce Costs, Improve Customer Service and Increase Sales. London, LND: Kogan Page, 2009. Print. Legal Information Institute (LII). U.C.C. - ARTICLE 2 - SALES (2003 REVISION - WITHDRAWN). Cornell University Law School. Web. Accessed September 10, 2014. http://www.law.cornell.edu/ucc/2/article2 Bottom of Form Read More