Discuss the rights of the parties.

Question
Abbott, a person involved in the snow clearing business saw an advertisement from a local hardware store pertaining to the “Elite Snow Blower” by “Honda”. 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 “if the customer is not happy within 7 days of its use, it can be returned for store credit.” Abbott visited the hardware and told the salesperson Costello, he needed a machine that was powerful and easy to start. Costello related: “I 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 price” When Abbott said: “I’d like to think about it…” Costello responded: “Trust me, you must not wait; it’s a great deal!” Abbott finally said “okay” and he signed the purchase order which said at the bottom: “Any 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.” When Abbott asked Costello about the above, Costello related “Ignore it. Trust me.” 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 wouldn’t 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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