Ava and Andre are best friends and they are both active and experienced hikers. They love challenging themselves when bushwalking and often venture off the beaten trail. After being stuck at home for such a long time during Melbourne's Covid locked down, they were excited to get back on the trail and have decided to do the Werribee Gorge Circuit Walk by tackling the less traverse steep ridge descend towards the Werribee River from the west of Werribee Gorge. This route is very steep and can be dangerous, even for experienced hikers. They also planned to set up camp overnight in the area.

One week before their intended hike to the Werribee Gorge, Ava purchased a portable camping stove (which was manufactured by a separate overseas manufacturer) from Mountain Gear Adventures Pty Ltd ('Mountain Gear'), a specialist camping equipment supplier. At the time, Andre was in home isolation due to a Covid exposure and had asked Ava to assist him to purchase a good handheld GPS (Global Positioning System) device from Mountain Gear. Ava purchased the $550 "Strike-Venture" GPS device which was advertised on a poster displayed by Mountain Gear that described the product as being rugged and waterproof (the product packaging, however, had not indicated if it was water-proof or not). It was also highly recommended by the Mountain Gear's sales representative for the hike Ava and Andre had planned. The sale transaction with Mountain Gear required Ava to sign a standard-form sale of goods contract. On the front page of the document was printed in bold the following words

This document is intended to make a legally binding contract The other terms of the contract include, inter alia, the following:

4. All terms of the contract are included herein. It is hereby acknowledged that all other express or implied term or statement or warranties or conditions, statutory or otherwise, are hereby excluded unless specifically included in this Agreement

5. The Buyer hereby acknowledge that he or she has inspected and surveyed all gear and equipment included within the sale and to satisfy himself or herself as to their condition, quality and suitability.

7. The Seller warrants that the gear and equipment sold hereunder are new and free from substantive defects in workmanship and materials. Seller's liability under the foregoing warranty is limited to replacement of the gear and equipment or repairs of defects or refund of the purchase price at the seller's sole option. No other warranty, express or implied, is made by the Seller, and none shall be imputed or presumed.

Ava was told to read the contract of sale carefully and to place her signature at the bottom of the page before the purchase can be concluded. The sales representative then stamps the contract with the following after Ava's signature: I, the purchaser, whose signature appears above have read and understood all the terms of the contract of sale.

The day of the hike finally arrived. Ava and Andre were both very excited and set out on their hike in late afternoon as threatening rain clouds were gathering. After hiking for three hours down the ridge, it became apparent to Ava and Andre that they have taken a wrong turn due to the "Strike-Venture" GPS device failing to work in the incessant rain. Due to the heavy rain and dark conditions, Ava slipped and fell down a small cliff. She landed on a small narrow ledge some 50 metres down the cliff face. Unfortunately, she had broken her right arm badly, and was unconscious. Andre, after much personal risk, managed to climb down to the ledge. Andre carefully examined Ava. Ava was very pale; the ledge was also exposed to the wind and rain. The weather was also beginning to turn very cold and stormy, and when lightning began, Andre panicked.

Andre decided to try to get Ava out of the ledge by climbing back up to the top of the cliff. In Andre's opinion, Ava would die if she stayed on the ledge even though bringing her up could potentially risk further injury to her. Andre tied a rope around Ava and finally managed to reach the top, but his efforts severely worsened her broken arm. Andre turned on the camping stove to warm up Ava and left her in search of help. While Andre was away, the camping stove malfunctioned and exploded. This explosion further injured Ava's hand on the broken arm, with the result that two affected fingers would need amputation.

Ava and Andre were rescued two hours later by SES (State Emergency Service) crew and winched up to a helicopter before being taken to the hospital for treatment. Ava was rushed into emergency surgery immediately, where her arm was so badly broken that in the opinion of the surgeon (Dr Deth) it had to be amputated. In the commotion of the emergency surgery, Dr Deth had also amputated the wrong fingers. Subsequent medical opinion believes that the decision to amputate the arm may have been wrong. Dr Deth argues that she is not liable because an exemption clause found on her medical website covered her against and every loss, and when the exemption clause cannot be found Dr Deth exclaimed: "Everyone knows that surgeons are covered by exclusion clauses and disclaimers." Ava's medical costs are $250,000, plus she is missing an arm and two fingers, faces many years of pain from her injuries.

Ava and Andre seek legal advise from you as to whether they can take any legal action for breach of contract and damages against Mountain Gear Adventures Pty Ltd and/or Dr Deth. (Do not discuss tort law)

Please use the IRAC method to solve this problem.