Harvey runs a building company, Spector Builders Ltd. His company builds flats and renovates houses throughout the Hertfordshire area. Harvey visits a large nationalbuilders supplier, Litt Building supplies Ltd. Harvey discusses his requirements with Lewis, a sales representative, and advises him that he needs the following;

1. 2000 Victorian style yellow clay bricks

2. Harvey specifies that he needs some paint that can withstand all weathers and Lewis points him at the Markle paint range stating that “these paints will be perfect for your needs.” Harvey orders 50 litres of the white markle house paint. 

3. 250 ash grey composite floor tiles measuring 15×15
Harvey agrees that all the sales will be on LittBuilding Supplies standard terms and conditions. Harvey has never actually read those terms although he believes he received a copy of them. The delivery date for all the materials is set for the 6th December. Harvey is on a tight deadline to finish a development in time for Christmas and has a penalty clause of £15000 should the development not be complete by the 22nd December

The 50 litres of paint are delivered as promised on the 6th of December. However, 5 days after using the paint on the 10th of December, the paint begins to peel after some heavy rain. It turns out on inspection by Harvey that all the paint is not suitable for all weathers and is more commonly used inside properties. 

On the morning of 6th December Harvey calls to enquire as to the delivery of the bricks. Lewis says that that 1500 of the bricks will be with him on the 6th December and the rest will be 12 days late. 1500 bricks arrive on the 6th. There are no issues with the quality of the bricks.

The ash grey composite floor tiles arrive on the 6th December and upon inspection by Harvey it appears that 200 tiles in good condition but 50 are cracked or chipped and are not useable.

Harvey telephones Lewis to inform him that he wishes to reject the tiles as they are damaged. Harvey also wishes to reject the paint and the bricks and informs Lewis that he wants compensation for being unable to meet his deadlines. Lewis tells Harvey that he is unable to reject the goods sue to the clause below contained within Litt Building Supplies standard terms and conditions;
“The buyer waives any right to bring an action under sections 12 – 15 of the Sale of Goods Act 1979”

With reference to legislation and case law,. advise Harvey as to his rights and any remedies that he may have.

Word Limit: 2,000 words excluding footnotes and bibliography.

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