3 Jun 2004
KOLINKER INDUSTRIAL EQUIPMENT LTD v. LONGHILL INDUSTRIES LTD & ANOTHER
- Citation
- KOLINKER INDUSTRIAL EQUIPMENT LTD v. LONGHILL INDUSTRIES LTD & ANOTHER
- Court
- District Court
- Case number
- DCCJ5052/2002
The court found the tacker did not conform to the contractual description and breached implied conditions of description, merchantable quality and fitness for purpose; the plaintiff validly rejected the tacker and is entitled to repayment of the price plus incidental charges and interest; the SSEC return-to-manufacturer warranty term was not incorporated so did not prevent rejection; defendant is entitled to indemnity from SSEC for the judgment sum, interest and costs.