The plaintiff, BizTech Institute Inc., brought an action for damages against the defendant, Star Medical Equipment Ltd., concerning the purchase of two ultrasound machines.
BizTech, a private career college, alleged the equipment was defective from installation, requiring extensive servicing but never functioning properly for its sonography training programs.
This led to additional training costs for students and the eventual replacement of the equipment.
The defendant contended the equipment was not defective and that the plaintiff did not rely on their advice.
The court found in favor of the plaintiff, concluding that the equipment was defective and breached implied conditions of fitness for purpose and merchantability under the Sale of Goods Act.
Damages were awarded to the plaintiff covering the cost of the equipment, financing fees, and student retraining costs.
