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Posted: September 16th, 2023
Abbott, a person involved in the snow clearing business saw an advertisement from a local hardware store pertaining to the âElite Snow Blowerâ by âHondaâ. The advertisement claimed the merchandise could be had with payment of 50% of the purchase price up front and the balance after 12 months. The advertisement also said âif the customer is not happy within 7 days of its use, it can be returned for store credit.â Abbott visited the hardware and told the salesperson Costello, he needed a machine that was powerful and easy to start. Costello related: âI have what you need; it is a new model, very powerful, reliable, economical, powered by a 4 cylinder engine and is worth four times the sale priceâ When Abbott said: âIâd like to think about itâ¦â Costello responded: âTrust me, you must not wait; itâs a great deal!â Abbott finally said âokayâ and he signed the purchase order which said at the bottom: âAny returns must be within 7 days of purchase. ALL Merchandise sold WITHOUT WARRANTIES. In the event of any dispute, customer may not raise defenses, set offs or counter claims.â When Abbott asked Costello about the above, Costello related âIgnore it. Trust me.â Abbott paid $500 in cash with the balance due in 12 months. The above transaction occurred on August 1st. On November 27th, Abbott attempted to use the machine for the 1st time following a snowstorm and it wouldnât start. Later, Abbott consulted with a mechanic who related that the machine was an old model that had been rebuilt with a 2 cylinder engine. Abbott returned to the store and demanded the return of his money. Costello offered to make any necessary repairs OR provide a store credit only. Abbott refused and consults you about his rights. Discuss the rights of the parties.
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