Non Linear Pro-is a company that sells editing equipment. Recently, the company was involved in a transaction that involved the lease of equipment to Quick Text Video on a trial basis. Before the purchase, the sales representative for NonLinear Pro and the company manger for Quick Text Video discussed the pros and cons of the product. The salesman indicated that the system would be up and running within a day in a half of delivery and that it would be twice as fast as the current system in use at Quick Text Video. The system was delivered, including a delivery document for the signature of the recipient. The document included a lease agreement for three months.
Quick Text Video attempted to use the equipment for two weeks. However, it was not performing properly for a number of reasons, the first and most obvious of which was that the promise of the equipment functioning within a day and a half was not kept. The product therefore did not function properly as promised, did not cut the work in half, and in addition also injured a worker at Quick Text Video.
For these reasons, the company contacted NonLinear Pro-to return the product. However, the latter sent a bill for the amount of $5,000 for the three-month lease period, as stated on the lease agreement that was signed at the delivery of the equipment. In legal terms NonLinear Pro-does carry some product liability, since it did not perform as promised and caused an injury. There is therefore a tort violation as a result of worker injury. The worker who was injured was Jane, who cut her finger on the sharp edge of the equipment. The injury was infected and she was obliged to visit a doctor, incurring a loss of worker hours for the company and wages for her, while also costing medical bills.
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