Simone is in her first 90-days at your company. She complete…
Simone is in her first 90-days at your company. She completed her training and passed her safety test, but today she forgot an important safety protocol for the second time in the last few weeks. The first time she forgot, you conducted a formal, written counseling session using an aversive response; so your next step now is to because of the of the mistake and her time at the company.
Simone is in her first 90-days at your company. She complete…
Questions
Simоne is in her first 90-dаys аt yоur cоmpаny. She completed her training and passed her safety test, but today she forgot an important safety protocol for the second time in the last few weeks. The first time she forgot, you conducted a formal, written counseling session using an aversive response; so your next step now is to [action] because of the [reason1] of the mistake and her [reason2] time at the company.
Essаy Questiоn 1 Hаrley is а manufacturer and seller оf custоm-made motorcycles. Davidson is a motorcycle enthusiast who has, over time, purchased dozens of motorcycles from Harley and other sellers, and is considered a motorcycle expert. Davidson once owned a motorcycle retail shop and did business with Harley for custom-built motorcycles. He has since closed his shop, but continues to buy motorcycles for recreation. Davidson decides to order two custom-built motorcycles from Harley. Davidson sends Harley an e-mail ordering two custom-made motorcycles from Harley, with all specifications for the motorcycles and with pricing commensurate with Harley's pricing schedule (the total price for the two motorcycles is $60,000). Davidson advises Harley that he wants motorcycles that can be used for casual, everyday use and also for off-road use, and which are suitable for long road trips. The following day, Harley e-mails Davidson a signed, pre-printed acknowledgement form confirming the purchase. Harley’s e-mail states that Harley’s motorcycles will be “state of the art,” that they will be “perfect for both street use and off-road use,” and that they will “provide a comfortable ride.” Harley's acknowledgement form states Davidson's agreement with the terms Davidson proposed, including all specifications and pricing for the motorcycles. It also includes the following term, set forth in 12-point typeface just like the text in the remainder of the document: “All warranties, express and implied, are hereby disclaimed. Buyer takes the merchandise as is and with all faults.” On the reverse side of the form are 25 pre-printed terms in 9-point typeface. The last term, which is set apart from the other terms in a box, but written in smaller, 7-point typeface, is a term stating, “Acceptance is expressly made conditional on the Buyer’s agreement to all terms set forth in this confirmation. Buyer’s failure to notify Seller of any objection to these terms will constitute an acceptance of these terms.” Harley builds the motorcycles and ships them to Davidson, and Davidson submits payment. Davidson is dissatisfied with the quality of the motorcycles. The motorcycles are fine for off-road purposes and for normal city street driving. However, when the motorcycles are driven at high speeds, such as when they are driven on the freeway, they become very noisy (more so than the average motorcycle), the handlebars and seat shake significantly, and the exhaust emits a strong, foul odor. These problems make the motorcycles very uncomfortable to ride at high speeds, especially for long periods of time. Therefore, he sues Harley for breach of express warranties and the implied warranties of merchantability and of fitness for a particular purpose, seeking full recovery of the purchase price of the vehicles. Harley defends on the grounds that he has disclaimed all warranties. Assume the contract is governed by Article 2 of the Uniform Commercial Code. Please answer the following questions: (a) Is the warranty disclaimer part of the contract? (b). Assuming the warranty disclaimer part of the contract, is it enforceable? (c) Assuming, for this part only, that the warranty disclaimer is not enforceable, does Davidson have a valid claim for breach of any express warranties against Harley?