Laura Donen had a swimming pool installed in her back yard. It came with a warranty for materials and workmanship for two years, except for the filtration system. The warranty stated that it was in lieu of any other warranties or conditions, express or implied by law. The filtration system broke down within a week and had to be completely replaced. Can Laura sue the supplier for this? Why or why not?
A) No. The warranty specifically excluded the filtration system.
B) No. The Sale of Goods Act allows parties to exclude its implied conditions and warranties.
C) Yes. The implied conditions and warranties under the Sale of Goods Act take precedence over an express warranty in a contract.
D) Yes. The Consumer Protection Act (or equivalent) prohibits a consumer sale from excluding the implied conditions and warranties under the Sale of Goods Act.
E) Both A and B
Correct Answer:
Verified
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