LAW Using the IRAC method Abbey buys a new laptop online at

LAW

Using the IRAC method

Abbey buys a new laptop online at ‘SELL COMPUTERS.COM’. The laptop is delivered to her house and the driver asks her to sign a document to confirm that she has received the laptop. Abbey signs the document as requested. Abbey did not read the document before signing it. When Abbey opens up the box the laptop is damaged and the screen is cracked. Abbey contacts SELL COMPUTERS.COM and they tell her that the document she signed contains a clause that states, “SELL COMPUTERS.COM inspect all goods leaving their warehouse and is not liable or responsible for any damage to goods that occurs after the goods have left the warehouse.” Advise Abbey whether SELL COMPUTERS.COM can rely on the term excluding their liability. Explain your answer with reference to relevant cases. Do not discuss the Australian Consumer Law.

Solution

Abbey as a buyer should conscious before signing at the time of receiving the product, as Abbey has deep faith in the company and thought that the company is good. But their policy for the customers is not good, as it is not always possible to verify the product. The company “SELL COMPUTERSSDOTCOM” should follow the proper rules for dealing with the customers as the current process will make their reputation and faith down in the market. As the customer like Abbey will rethink before coming to buy again, Abbey should approach them directly and talk to them so that the product can be exchanged with the company and Abbey should get the correct product as they have been charged for the product it is their responsibility to deliver the best product.