Hello, there can you please help me write my essays? I am very
lost on how to even start this essay. It is Business Law
related.
Mr Ellis lives in rural Victoria. His property is off the
electricity grid and has no independent source of power.
On 22 October 2012, he signed a purchase agreement with Bailey
Engineering Pty Ltd for a 3.6kW hybrid power system. The model of
the system was Firefly CYGNUS 3.6. He dealt with Mr Bailey,
director of the company. The purpose of the system he purchased was
to provide power through the combination of a wind turbine and
solar panels. The purchase price of $19,800 included full
installation. Mr Ellis paid a deposit of $11,900. The balance of
$7,900 was to be paid when the installation completed and the
system generated
power as intended. Mr Ellis is a tamer and that was the first
time he bought a hybrid power system.
The footnote number five in the agreement contained a clause
stating that "The batteries installed in the system
are supplied by Bosch Germany. Thus, Bailey Engineering Pty Ltd
will not be responsible for their functioning as well as any damage
caused by them". Since Mr Ellis did not read the footnotes in the
agreement, he was unaware of that clause when he signed the
agreement. One day before the meeting to sign the contract, Mr
Ellis received an email from Mr Bailey. The email was entitled
"Advice on Maintenance". Apart from the detailed information
regarding the way the system should be maintained, the last lines
of the email also stated that "The batteries installed in the
system are supplied by Bosch Germany. Thus, Bailey Engineering Pty
Ltd will not be responsible for their functioning as well as any
damage caused by them". Mr Ellis opened the email but read it in
hurry and thus missed the statement in the last lines of the email.
The receipt of the deposit also contained
the same statement. However, it was not clear whether Mr Ellis
checked the receipt or not.
The hybrid power system was installed at Mr Ellis's property by
Bailey Engineering staff on 23 October 2012.
No Energy Efficient Light Bulbs were provided to Mr Ellis. To
reduce costs, Bailey Engineering used the batteries made in China
by Amperex Technology to install in the system for Mr Ellis. When
Bailey Engineering staff finished the installation, they turned the
system on and left the property. The system ran for a couple of
hours and then turned off by itself. Mr Ellis tried to restart the
system many times but the problem persisted.
During the time the system appeared running, it did not generate
any power.
On 25 October 2012, Mr Ellis called Bailey Engineering to report
the problem. Bailey Engineering staff came and discovered that the
batteries malfunctioned and did not charge sufficiently to generate
power. Specifically, it was a 220voltage system, if the battery
charge dropped to 200voltage it would shut off. After being
informed of the problem and its cause, Mr Bailey called Mr Ellis
and told him that "if you pay extra $5000, we will change the
batteries and make the system work for you". Mr Ellis was in need
of power and thus he agreed to the requirement.
On 7 November 2012, the batteries of the hybrid power system
were replaced by Bailey Engineering staff and the system started
generating power. The replacement batteries were also made in China
by Ampere Technology.
The hybrid power system worked for five days but then the
batteries overheated and exploded, destroying the entire roof of
Mr. Ellis’s house. Mr Ellis had to spend $30,000 to repair his
house. During the time the system worked, the batteries can be
charged up to 210 voltage only. Being frustrated with the problems,
Mr. Ellis refused to pay Bailey Engineering the remaining $7,900
and $5,000.
Please discuss who can sue whom for what? (all relevant legal
issues should be discussed regardless of whether these relevant
legal issues are successful or not).
Do not discuss tort law.
Hello, there can you please help me write my essays? I am very lost on how to even start this essay. It is Business Law
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