Jack buys a veg juicer on 7th November on behalf of his company(business purchaser). He tries to use it later that day but it doesn't work. A clause excluding any defects in sold products is given in the terms and conditions, attached to the invoice which is given on the 20th November.
Jack has come to me on the 21st for advice on what to do...
Now I have talked about methods of incorporation and that the clause isnt incorporated into the contract so the parties didn't agree to be legally bound by the terms. Also that the term doesn't satisfy the reasonableness test given is s.11 Unfair Contract Terms Act 1977 using Schedule 2. So the shop is liable for the breach of satisfactory quality.
However I am unsure on Acceptance. Has a reasonable time to inspect the goods passed? 13 days? I'm unsure as he was aware of the fault on the 7th, but made no effort to make the seller aware or try and get a refund/repair.
Any help please?