Fabric Wizards (Wizards) a Firm Operating from Melbourne - Law Assignment Help

Assignment Task

Tom Shaw
C/O Shawsa Tools
20th March 2021
Our Ref: SBM/2021/Tom

Dear Mr Shaw,
Your Brother, Steve Shaw, contacted SBM Legal seeking advice. This letter contains the information provided by Steve and our counsel based on it. Please read this letter and get back to us as soon as possible.

Summary of the events
Your communication with Fabric Wizards (Wizards) via email creates a contract. As a confirmation/acceptance of the contract, you were asked to pay a 10% deposit.
You requested British Racing Fabric for your order and made the 10% deposit.
Wizards responded, they do not have the requested colour but have a very similar green and agreed for the goods to be delivered within 14 days. Goods were not received within 14 days.

Information Provided
Our advice is based on a letter written by your brother, Steve. Please read the detailed outlook of the events and contact us if any relevant information is missing or requires correction.
Fabric Wizards (Wizards) a firm operating from Melbourne. Wizards offer masks with printed artwork. Artwork could be supplied by the client or designed by Wizards.
You requested 1000 masks with artwork designed by Wizards.
Wizards provided you with pricing for the product and confirmed the supply.
You inquired about the delivery time.
Wizards informed you that the goods will be delivered within 14 days of receiving a 10% deposit.
You made the 10% deposit and confirmed the colour and quality of the product.
On 15th Jan 2021, Wizards notified you that they did not have the requested colour but have a very similar green. Furthermore, Wizards confirmed that the goods will be delivered within 14 days.
Fifteen days after the confirmation, goods were not received by you.
Goods were no longer wanted by you after the expiration of the 14 days.
You emailed Wizards and communicated that you no longer wanted to buy the masks as Wizards could not supply the specific colour.
Wizards replied that due to a lockdown, their factory was closed for a week starting 15/01/2021 and the artwork was completed, and masks were shipped the day after reopening, which would be the 23rd of Jan 2021.

Detailed Advice
Email communication between Wizards and yourselves creates a contract. The goods were not received by you within the given timeframe. They failed to communicate the delays caused by the lockdown to you. Wizards breached the contract.

The Purchase Agreement
You appointed Wizards to provide you with 1000 High Quality masks of British Racing Green colour and processed the deposit payment.
Wizards notified you that British Racing Green was not available. They also mentioned that the goods will be received by you within 14 days of making the deposit payment. By saying this a firm offer for sale was made (Harvey v Facey).
You did not express any objections to the change in colour, the agreement stays with the delivery of the similar green instead of the British racing Green (Byrne v Van Tienhoven).
However, masks were not received by you within the given timeframe.
After the 15 days, you contacted them via email wanting to cancel the order, as you did not want the masks in a different colour.
They apologise for the delay and inform you of the one-week lockdown which caused the delays.
Furthermore, they declare that the artwork was completed before the lockdown.
Wizards state that the order was shipped the following day after the factory reopened.
Wizards should have communicated, regarding the lockdown and the potential delay (Building Contracts Australia).
Wizards breached the contract.

Conclusion
As per our legal advice, you have a contract with Wizards.
Please read the information provided and confirm that they are correct. Our advice is based on the information being an accurate account of the communication between you and the Wizards. Please advise if you want us to write to Wizards on your behalf asking to terminate the purchase and issue a reasonable refund. An appropriate negotiation of cost can be considered due to the current lockdown situation if you agree.

Thank you for considering us to represent you in this matter. We look forward to helping you achieve a satisfactory outcome.

Yours faithfully,
Summer Clerk
SBM Legal

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