Buyer, Seller remedies with and without a warranty?

Question

John whose factory is in Stewart Manor agrees to sell a stamping machine to Jennifer in Ketchum for $22,000 Free On-Board Stewart Manor. Jennifer explains to John that she requires a stamping machine that can stamp ten thousand packages in an eight-hour period, and she is relying on John’s expertise in selecting the appropriate stamping machine for the task at hand. Jennifer selects the machine suggested by John.

John fails to deliver the recommended machine and Jennifer has to purchase a substitute stamping machine from Hannah in Ketchum for $25,000 incurring sales commissions of $700. Shipping costs from Stewart Manor to Ketchum are $1,300.

1. Define what remedies that Jennifer as a Buyer has against John as a Seller and include whether or not there is any warranty issue involved and if so, what warranty was breached.

2. Define what remedies, if any, that John as a Seller would have against Jennifer had Jennifer the buyer breached her contractual obligations.

Answer 1

Well, Re Q1 - Jennifer holds all the responsibility for her purchasing decision. She should have studied the "recommended option" from John and make a decision. The seller, John, didn't enforce a decision on her, nor he has an authority to force a purchasing decision.

Industrial Purchases, or trade purchases, should be done rationally and not emotionally. So they would include - usually - :

- Many purchasing offers ( especially when big amounts get in between ) to compare features, and to compare prices.

- A study of the product's features VS the requirements ( 10,000 stamp in 8 Hours ) . Mostly , there would a testing of the main product's feature in the client's or seller's location to review the results BEFORE making the purchase.

-------------------------

Jennifer would pay for shipping the equipment from John's post to hers if he delivered a machine and she paid it, He is not responsible for the product after delivering it to HIS port's deck - this is not a CIF shipment.

-------------------------

Product warranty is to insure the product works as planned for it in the warranty period , at minimum , and if any "factory make" or product errors happen during this period, it is the seller's responsibility to fix / change the product at his own cost.

There is no breach of warranty here .. It is a purchasing decision made wrong , or biased , or for different motives - not business.

-------------------------

2 - Re Q2 - There are no remedies involved. John did not deliver the requested equipments , He is not in charge of the shipping and would get his payment in full if he delivered the equipment to the port's deck only.

Hope this answer clears the idea.

Please send me any ideas you may have;

Imad Fawzi