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    Robin is the manager of “The Royal Derbyshire Hotel”. In September 2012, he ordered “The Terminator” a new vacuum cleaner from Walcott Cleaners UK. The sales brochure included the following statement.

    “This is the best new cleaner on the market. It shifts all kinds of dirt and grime from carpets, curtains and furniture. The use of steam and cyclone technology incorporated into The Terminator will leave rooms fresh and clean.”

    Having consulted the salesperson, delivery was agreed for 23 December 2012. In placing the order, Robin had made it clear that the machine was required to spring clean all the public areas of the hotel in time for the New Year.

    By 24 December, the vacuum cleaner had not arrived and calls made to the company between 27 - 31 December went unanswered. The machine was finally delivered on 2 January 2013. However on its first use, the machine failed to pick up food that had stuck to the carpets on the restaurant’s floor. Walcott was informed and collected the machine on 5 January 2013. A replacement was delivered on 7 January without an explanation. However that too proved ineffective in picking up dirt.

    On 8 January 2013, Robin received a letter from a firm of solicitors representing William Gallos, a well-known inventor. In October 2010, Mr. Gallos was granted the patent in the cyclone technology incorporated into a vacuum cleaner he had been developing. The letter claimed that use of The Terminator infringes the patent and that all such machines are being re-called for delivery up to the Patents’ Court.

    Advise the hotel whether and what grounds The Terminator can be rejected and the contract repudiated.

    Do I mention passing of property??
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