Reply and Defence by the Plaintiff to Counterclaim from the Defendant relating to the fitness / quality of delivery of goods / products / services.
Plaintiff denies paragraphs relating to faults of the Plaintiff on quality of goods / Plaintiff instructed Defendant on the faulty / defective requirements which are untrue and any failure to follow Defendant's instructions in the use of the defective products.
Plaintiff admits that clause X of the agreement provides as set out in paragraph Y of the Defence. It is averred that clause X fails to satisfy the test of reasonableness required by under common law.
Insofar as the Plaintiff has failed to pay the Defendant. It is averred that the product supplied by the Defendant was of no value to the Plaintiff, and the consideration for the same has wholly failed. In the premises, it is denied that the Plaintiff is liable to pay the said agreed price or any part of it for the product.