A1.1 - Chronology (not to be submitted)

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The College of Law *

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101

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Industrial Engineering

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Oct 30, 2023

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Task 1.1 Proofmaking Model Chronology – v Daisy Lim 8th September 2022 Daisy approached Deliciozo - She wants to upgrade her coffee machines and grinders for her cafes: Balmain, Zetland and Rhodes - Also wants P to supplies coffee beans for all three of her cafés for the period of 12 months P agreed to supply - Coffee machines and grinders would be delivered and installed to each of the three cafes - Order a minimum of 240kg of coffee per week at $60 per kilo for a period of 12 months September 2022 P sent D the standard agreement to consider and sign - Min 240kg of beans at $60/kg for 12 months period - Coffee machines and grinders: $8,000 x 3 cafes = $24,000 - To pay a deposit of $15,000 and the remaining to be paid on delivery and installation of the machines 9 th September 2022 D signed and returned the contract with $1,500 of deposit of the machineries. 30 th September 2022 P delivered and installed the machines in D’s cafes 1 st October 2022 The agreement commenced 1 st October 2022 D transferred $8,000 and texted P that she would pay the remaining of $2,500 within October. Sep – Feb 2023 Everything went smoothly, but $2,500 still hadn’t been paid Feb 2023 D continued to order a min of coffee but stopped paying for the coffee No further payment had made 6 th May 2023 P emailed D asking for the outstanding amount and notified her that contract would be terminated if she didn’t make the payment within 7 days. 13 May 2023 (2 weeks ago) Last emailed sent: Sent another notification to D to terminating the supply agreement and asked D to pay the outstanding payment by email and registered post - There were 10 weeks’ worth of coffee deliveries that were unpaid 27 May 2023 First meeting with the firm 3 Jun 2023 Letter of demand sent 17 Jun 2023 Now – statement of claim
Task 1.1.1 Case Study – Dai Chan’s Case Chronology – Dai Chan 20 Jan 2023 (4 months ago) Received a phone call from “Blair French” - Owner of the business premises - Traded under “Element Printing” 2 king st - Asked for a quote for the supply and installation: A digital high-volume printer 22 Jan 2023 (4 months ago) Clement Evans (Dai Chan’s salesperson) - Prepared a quote for installation - In the sum of $148,250.00 (inclusive of GST) - Quote number: #643 23 Jan 2023 (4 months ago) Dai Chan - Emailed the quote and a copy of the standard form of contract, completed with particulars to French 28 Jan 2023 (4 months ago) French emailed Dai Chan - Accepting the quote and attaching the copy of the contract electronically Signed but undated Dai Chan emailed back French - Signed and dated the contract - Emailed back to French Deposit required under the contract had not yet been received into the bank account. 29 Jan 2023 (4 months ago) Dai Chan called French - French confirmed the signed contract had been received. - Both parties agreed the installation of the printer would be carried out on 17 and 18 Feb 2023. Dai Chan asked for the deposit French said would be paid before the 17 Feb Deposit was received on 10 Feb Xx Dai Chan - Instructed Casey Adams and Jai Bing from the company to install the printer - To request proof of payment by French - Instructions were given orally - Gave Casey and Jai a printed copy of the contract & the location plan prepared by French 19 Feb 2023 (3 months ago) Dai Chan was told by Adams - installation had been completed on 18 Feb - no payment had been received 19 Feb 2023 (3 months ago) Dai Chan called French - French promised to pay the balance by direct deposit by the end of that week 1 Mar 2023 (2 months ago) Dai Chan spoke to French on the phone - French said the payment had not yet been made due to the printer ad not been working properly - French would be making a claim on Dai Chan 1 Mar 2023 (2 months ago) Dai Chan sent French - A letter of demand for the balance of the $132,525.00 (inclusive of GST) - Requiring payment within 7 days - No payment was received Task 2.1 the bricks case
Chronology before Failed to deliver 20,000 bricks @ Manly 5 ½ months ago (6 Jan) Ashwin - Called and emailed Brown’s bricks to place an order for 70,000 bricks - directed the bricks to be delivered to Lot 34 - Tangerine Road, Davidson , which was the work site. I did indicate to Brown's Bricks that I'd like - delivery within 7 days 4 ½ months ago (6 Feb) Aswhin - received an invoice from Brown Francis called Ashwin: - the bricks were delivered on Saturday [5 months ago 21 Jan] Ashwin - ordered similar bricks from Austral Ltd at a 10% higher cost cause delayed > liquidated damages 3 ½ months ago (6 Mar) Ashwin - received a Letter of Demand 3 months ago, (20 Mar) Ashwin - received an email from Just & Fare (solicitor) 2 ½ months ago (13 April 2023) Ashwin - received a Statement of Claim - contacted Fracis Lim Next day Ashwin - went to the chamber service @ manly local court - was told it is a local court matter, so can’t help After that - busy at work - wife diagnosed with breast cancer 1 ½ month ago (10 April 2023) Ashwin - went to district court 1 ¼ month ago (24 April 2023) Ashwin - lodge a complaint at NSW Fair Trading - was told they couldn’t help [1 month ago] 3 weeks ago (1 May) Ashwin - met a friend and was told: - Lot 34 Tangiers Road, Davidson All of a sudden these bricks turned up - Aswhin site: Lot 34 Tangerine Road, Davidson about 1 km from the other site
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