Fern has her own garden waste clearance business, JunkBunk. During exceptionally busy

periods, she often gets her friend, Rose, to assist her with the heavy lifting. Fern is

contacted by Mary, the director of a construction company who is about to start work on

nearby land and needs the site cleared of garden waste immediately. Fern emails Mary a

price list. At the bottom of the page in large capital letters the list states, 'FOR OUR TERMS

AND CONDITIONS PLEASE REFER TO OUR WEBSITE'. Mary tries to access JunkBunk's

webpages but Fern is doing some maintenance on the site and the relevant pages will not

be available until later that afternoon. Mary is in a hurry and telephones Fern and secures

the services of JunkBunk.

Fern and Rose start work at Mary's site the following week. However, at the end of the first

day's labour, Fern damages her back lifting a load that was too heavy and needs to take a

month off work. Rose undertakes the work alone but is not able to complete the work by the

contractual deadline. Mary's construction project is delayed, triggering serious financial

consequences for her company. In addition, Rose carelessly spills some toxic waste on the

site, forcing Mary to pay 3,000 for special environmental cleaning. Mary is furious but then

notices the following clauses in JunkBunk's terms and conditions:

1.1 Liability for damage by employees of JunkBunk, whatsoever and howsoever

caused, is limited to 100.

1.2 JunkBunk is not liable for any delay, even if caused by their own actions.

Advise Mary.