Martin was a stable manager.  He went to Home Appliance Haven on a Saturday morning to buy a new washing machine for the stables he managed.  Martin told the sales assistant, Mandy, that he needed a washing machine that could wash delicate fabrics as he was responsible for washing all the jockeys’ silks (ie. the silk clothes that jockeys
wear when they are racing) after each racing carnival. Mandy said that wouldn’t be a problem if Martin bought the new Genteel Mark II washing machine.  Martin said he had never heard of that brand, but Mandy assured him that she had a lot of experience with washing machines and that she highly recommended this particular washing machine.  As a
result, Martin was happy to rely on her expertise with respect to this washing machine and silk clothes.When Martin went to the check-out counter to pay the $1,500 for the washing machine, Martin was asked whether he would like to pay $200 extra for ‘same-day’ delivery otherwise the washing machine
would be delivered in a weeks’ time.  He said yes because there was a racing carnival the next day and he needed the washing machine straight away.  He was also asked whether he would like access
to the Terms and Conditions of Sale via the internet or in hard copy.  He asked for a hard copy and was given a 100 page booklet on the contract terms.When Martin got home he noticed that the shop cashier must have attached to his receipt and delivery instructions, a small slip of paper that said:It is a condition of a sale that any returns must be made within 12 hours of delivery.  No returns will be accepted after this time.Martin took delivery of the washing machine around 5pm that day (Saturday).  At the end of the racing carnival the next day, (which was around 5pm) Martin put all his racing silks into the new washing machine, washed them using the delicate option and hung them up to dry
overnight.  In the morning, (Monday) he checked all the racing silks and noticed that all of them had shrunk.  This is not what he expected at all – he was very angry.Martin immediately rang Home Appliance Haven to complain, but was told that he should consult condition 250 of the Standard Terms of Conditions of Sale.  When he found condition 250 (which was very
difficult because it was in 6 font type) – he found it said:Purchaser agrees that they will pay a $3,000 processing fee before requesting any refund, and, if refund is approved, a further $500 administration fee.
Advise Martin.
In your advice, • Consider if Martin will be precluded from seeking a refund more than 12 hours after delivery and if he will be required to pay the processing fee under the law of contract.• Consider any actions Martin may have under the consumer guarantees contained in sections 54 and 55 of Australian Consumer Law.