Barry purchased a bad Coracle boat and a bad luxury motor yacht on the advice of a store expert but un aware of clause in the contract which states that the liability to be limited to a sum not greater than 50% of the sale price. Can Barry get a refund?
Part A – National Element (2000 words)
Barry is the managing director of BB Building Company. As business is looking good, he’s decided to buy a yacht for entertaining his wealthy clients and a rowing boat for his own personal use.
He visits the Mega Marine Store (MMS) and explains his requirements to Charlie who is a marine electrical expert and sales assistant. Charlie recommends the Coracle rowing boat and the Force 10 luxury motor yacht.
Neither the rowing boat nor the yacht prove satisfactory. The rowing boat seats have been treated with a chemical to which Barry is sensitive and he contracts dermatitis as a result. The yacht seems satisfactory on the first couple of outings, but, after two weeks, small leaks appear in the hull and the steering breaks down. Two weeks later, when taking his key clients on a trip, the engine seizes up completely and BB Building Company have to have the yacht towed to the Mega Marine Boatyard.
Barry demands his money back but Charlie refuses. He points to a clause in the contract which Barry signed which states that in return for MMS undertaking to rectify defects appearing in the yacht within a year, liability would be limited to a sum not greater than 50% of the sale price.
Barry had not read the contract fully and is now concerned as he has lost the business of his key customers since the disastrous trip.