Justin Greenway is the heir to a very successful family-owned wine-making business. Decades ago, Justins great grandfather

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Question:

Justin Greenway is the heir to a very successful family-owned wine-making business. Decades ago, Justin’s great grandfather bought a large area of land in Yarra Valley where the family has been making wine for generations. Justin is now 35 years old and manages the vineyard. Justin is passionate about harvesting the best grapes to make quality wine.

Justin needs a new heavy-duty tractor to assist in harvesting the grapes. Justin visits a winery equipment business called Winery Equipment Specialists, which is known in the wine making industry to have a wide selection of both general use and specialised tractors.

Justin meets Beth, the manager of Winery Equipment Specialists to discuss purchasing the new tractor. Justin tells Beth that not only does he need a tractor for harvesting grapes for commercial purposes, he also needs a tractor with a special capacity to handle his property which has a few hills on it. He needs the tractor to be able to negotiate its way up and down those hills.

Beth shows Justin a tractor which she says will definitely meet Justin’s needs. A logo exists on the side door of the tractor that says: ‘Super Tractor designed for the hills’. The cost of the tractor is $40,000 and the parties enter into a written contract which states the following:

‘All statutory provisions which would otherwise apply to this transaction are hereby expressly negated’.

The tractor is manufactured by Agricultural Industry Construction Company which has its head office in Melbourne.

Shortly after its purchase and use, the tractor proves to be entirely inappropriate for Justin’s needs at the vineyard. It cannot negotiate the hills on his property and has stalled on many occasions. As a result, Justin cannot harvest the grapes in a timely manner and is worried they will not have enough quality grapes to make wine this year. Justin wants to commence legal action.

REQUIRED:

Advise Justin of all his rights and remedies against both Winery Equipment Specialists and Agricultural Industry Construction Company under the Australian Consumer Law.