[1] The plaintiff claims for the refund of RM382,948 from the 1st defendant being the purchase price of a Mercedes Benz E280 Avantgarde together with damages, interests and costs. The plaintiff purchased the car on 19 June 2007 for the exclusive use of its Chief Executive Officer (CEO). The plaintiff claims that due to the several mechanical electronic and/or electrical problems encountered, the car is of unmerchantable quality, unfit for purpose and had material inherent latent defects rendering the car unroadworthy and unsafe to drive and that the defendants are in breach of contract.

[2] The defendants deny the alleged breaches and contended that the car was sufficiently and properly repaired under the terms and conditions of the Manufacturer's Warranty.

The Plaintiff's Case

[3] The plaintiff purchased the car when it was about six months pre-owned by the 1st defendant and had about 600 kms on its odometer. Besides the purchase price, the plaintiff paid the sum of RM11,652.87 for motor insurance, RM830 for transfer fee and handling charges and RM2,000 for the tinting of the wind screen and windows.

[4] The plaintiff took possession of the car on 19 June 2007. Subseq