• April 1st, 2016

UK commercial law

Paper, Order, or Assignment Requirements

Harvey runs a courier business, Spector Transport Ltd. His company deliver parcels all over leicester and Birmingham. Harvey has decided that he needs to replace some of his vans that he currently leases and decides to buy new vans. Harvey goes to see Lewis at Litt Vans and Cars Ltd. Harvey discusses his requirements with Lewis, a sales representative, and advises him that he needs the following;
1. 5 x Transit vans short wheel base
2. 5x Transit vans long wheel base
3. 2 x Small Hopper vans
Lewis assures Harvey that he can satisfy his requirements and points him towards the Harton Long Wheel Base Transit, the Harton Short wheel base transit and the Hopper van. Harvey tells Lewis that the load requirement for the Long wheel base must exceed 8m, that the load requirement for the short wheel base should exceed 6m and 4m for the Hopper vans.
Lewis tells Harvey “There is no problem as the load capacity of each of the three vans will be sufficient for your requirements.” While Harvey is there he also sees a very nice second hand convertible Jaguar F-Type for £42,000. Lewis offers him what Harvey considers is a very reasonable deal at £35,000 and Harvey decides to buy the car for himself.
Harvey agrees that all the sales will be on Litt Van and Cars Ltd’s standard terms and conditions. Harvey has never actually read those terms although he believes he received a copy of them.
The delivery date for the vans is agreed as being 5th December, in time for the Christmas parcel rush and the 2nd December for the Jaguar, which Harvey wants to give to his wife Nadia as her Birthday present on the 3rd December.
The Jaguar is delivered as promised on the 2nd of December. However, when driving the car home, Harvey notices that the temperature gauge is getting high but it soon calms down. A few days later on the 6th December whilst driving on the M1 with his wife Nadia the engine explodes causing £8,000 pounds worth of damage.
On the morning of 5th December Harvey calls to enquire as to the delivery of the vans. Lewis says that the 5 short wheel transit vans will be there in the afternoon but that the long wheel base will be 3 days late. That afternoon 4 short wheel based vans are delivered. A further short wheel based van is delivered on the 7th. The two Hopper vans arrive on the 5th December. Harvey again signs the delivery note. On the 10th December one of his drivers reveals to Harvey that the capacity of the Hopper van has only 3m of capacity. Harvey telephones Lewis to inform him that he wishes to reject the Hopper vans as they do not meet his requirements. Lewis refers Harvey to the standard terms which state;
“The buyer waives any right to bring an action under sections 12 – 15 of the Sale of Goods Act 1979 and sections 9-15 of the Consumer Rights Act 2015.”
He also points out that the delivery note states;
“By affixing his signature to this delivery note the buyer acknowledges that the goods delivered have been examined by the buyer and agreed to be in conformity with the contract.’
The long wheel based vans do not arrive until the 11th December and when they arrive it is far too late to help with the Christmas rush and Harvey has had to order vans from another supplier in order to fulfil all his deliveries; also due to their late delivery Harvey contacts Lewis and lets him know that he is rejecting all the vans and returning the Jaguar.

Advise Harvey as to his rights and any remedies that he may have with reference to both the Sale of Goods Act 1979 and the Consumer Rights Act 2015.

Word Limit: 2,000 words excluding footnotes and bibliography

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