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The engine failure, though unfortunate, was a mechanical defect covered by the manufacturer's warranty and did not constitute a breach of contract. The vehicle supplied was brand new as contemplated by the parties, and the appellant fulfilled its obligations by replacing the engine under warranty. The trial court erred in finding a breach and awarding general damages.
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The defendant is entitled to payment of the principal sum less a set-off for proven losses and defects incurred by the plaintiff within the warranty period. Supplementary agreement (exhibit D6) is void for uncertainty and unenforceable. Claims for interest and exchange rate loss fail due to lack of certainty and evidence.
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