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The document titled 'Defence and Counterclaim (Court)' is a legal document that is used in a court of law in the jurisdiction state. It is a response to a statement of claim made by the plaintiff against the defendant. The document begins by acknowledging the admission of paragraph 1 of the statement of claim. It then proceeds to deny certain allegations made in paragraphs 2-7 of the particulars of claim. The defendant argues that it was not a condition of the agreement that the products provided by the plaintiff would be fit for the purpose alleged by the plaintiff. The defendant further claims that it provided detailed instructions to the plaintiff regarding the requirements of the products and that any reliance on the defendant's skill and judgment was unreasonable. The defendant also denies that the products contained harmful materials and asserts that if they did, it was due to the plaintiff's failure to apply them correctly. The defendant argues that it did not breach any express or implied conditions of the agreement and denies that the plaintiff suffered any loss or damage as a result of the defendant's actions. The defendant also relies on a clause in the agreement that excludes liability for defects in goods supplied by them. The defendant concludes by stating that the plaintiff is not entitled to the sum claimed. If the plaintiff is awarded any amount, the defendant intends to set off such amounts against the amount awarded to them under the counterclaim. If a counterclaim is made, the defendant repeats the previous paragraphs and adds that the plaintiff has failed to pay the agreed price of the products and claims interest at the agreed rate. The defendant asserts that they have suffered loss and damage as a result of the plaintiff's actions and counterclaims for the sum of currency costs, damages for breach of contract, interest, costs, and any other relief deemed fit by the court. The document is signed and dated by the defendant.
To use the 'Defence and Counterclaim (Court)' document effectively, follow these steps:
1. Read the statement of claim carefully to understand the allegations made by the plaintiff.
2. Admit or deny each paragraph of the statement of claim as appropriate, providing detailed reasons for your denial.
3. If applicable, state any additional facts or arguments that support your defense.
4. If a counterclaim is necessary, repeat the previous steps for the counterclaim section.
5. Sign and date the document.
6. File the document with the court and serve a copy on the opposing party.
7. Attend any scheduled court hearings and present your defense and counterclaim.
8. If the plaintiff is awarded any amount, set off such amounts against the amount awarded to you under the counterclaim.
9. Follow any further instructions or orders given by the court.
Note: It is recommended to seek legal advice or assistance when preparing and presenting your defense and counterclaim in court.