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7. In your view, was the exemption clause incorporated into the contract? Explain your answer. [ For the next few questions, assume that the exemption
7. In your view, was the exemption clause incorporated into the contract? Explain your answer. [ For the next few questions, assume that the exemption clause was incorporated] 8. As a matter of interpretation and scope, do you think that the exemption clause will protect MSL in respect of all the three breaches? Discuss and explain your answer. 9. Are there any unusual factors that could defeat the exemption clause? 10. Does the UCTA invalidate the exemption clause or any of its sub-clauses?Agro-Tech Lid (ATL) is an agricultural company which takes pride in its slogan "Harvesting nature's gifts with absolute purity". ATL owns a property in Singapore's emerging west region and intends to invest in a vertical garden. This project is unique because it aims to utilise the latest agricultural techniques and technology to produce a large quantity of produce within a small space - that is, a 5 storey building which ATL plans to convert into a vertical garden, so that crops can be grown vertically between floors. Although ATL specialises in agriculture, this is the first time it is launching a project of this nature. ATL intends to conduct a pilot project by growing a variety of beans known as 'Scarlet Emperor' which is a type of polar beans that grows in both vine and bush forms-the vine form being more space saving than the bush form and it being an established practice amongst vertical gardeners in Singapore to use vines instead of bushes for vertical gardens. In order to produce a sufficient harvest for both domestic sales and exports, ATL must produce almost double the normal yield that can be expected from traditional seeds. In order to secure the right type of seeds for its project ATL contacted Magic Seeds Lid (MSL) a company that researches and develops highly productive seeds using natural methods. The operations manager of ATL, Mr. Indranath Gupta, entered into negotiations with Mr. Alan Goh, the sales manager of MSL. The following conversation took place between the two: Gupta: "I need Scarlet Emperors.. 10kg... you got any?" Goh: "Sure we do! What do you need them for?" Gupta: "We are about to launch a vertical garden in the West. We have very limited space and need high quality seeds for the project." Goh: "Of course sir. I understand your requirements. We have a very special breed of Scarlet Emperor that can produce a very high yield..100 pounds of yield per square foot to be precise." Gupta: "That seems like what we need. Perhaps I should ask my Operations Manager to check if this breed of Scarlet Emperor would meet our needs?" Goh: "Sir, that won't be necessary. I've got a degree in urban agriculture from NUS and this is a breed of seeds that I am confident will work well for your project. Plus, all our seeds are produced and processed using pure organic methods. We've got the best in the island." Gupta: "That's reassuring! After all, our company policy mandates us to source 100% organic seeds. Our clients place complete reliance on our slogan in their search for healthy food. In fact, I can assure you that we came specially to you, because your company uses organic methods." Goh: "In fact, you are in luck today. Because today is World Environment Day, we are giving a 10% discount on all purchases!" Gupta: "Amazing, mate!" At the end of this conversation, Gupta placed an order for 10kg of Scarlet Emperors. After making payment at the cashier, Gupta was handed a small-sized receipt which confirmed Gupta's payment, and included the following information in the front-'Scarlet Emperors 10kg - $5000'. Gupta, however, failed to notice that at the bottom of the receipt were the following words in small-print: "Please see reverse for terms and conditions of purchase
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