31 Oct 2014
JOHN AUSTIN LTD v CTRACK LTD [2014] NZHC 2687
- Citation
- [2014] NZHC 2687
- Court
- High Court
Summary judgment was entered for Rent Plus because the Master Rental Agreement and Rental Schedules unambiguously excluded Rent Plus from giving any warranties or representations as to the equipment and software; Rent Plus was not involved in vendor representations or the manufacture/installation/maintenance, an implied warranty could not be read into contracts that expressly disclaimed such obligations, and on the facts it was fair and reasonable under s4(1) CRA for Rent Plus to rely on those exclusion clauses, so the claims against it could not succeed.