Heidi might have claims against Acidic Pty Ltd in this matter under these possible actions.
1. Breach of contract
Heidi clearly has a contract with Acidic Pty Ltd. The formation of that particular contract was on 1st July 2002, when Heidi ordered ZX10 and Acidic agrees to delivery it on 3rd July 2002.
To claim damages or seek any other remedy for breach of contract, the terms of the contact have been breached must be established. This appears to be a non-consumer contract. On this contact, the implied terms have been breached. However there is arguably an exemption clause in this contract, but only Goods Act 1958 (Vic) can be used here.
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