Harry runs a clinic business. In May 2021, negotiations were conducted by Harry with C-Carrier Ltd entirely by telephone, for the delivery new piece of expensive machinery,

Harry emphasised to the CEO of Best Carrier Ltd that if the machinery was damaged in transit, it would cause delays in completing a job for University B - one of his biggest clients.

Due to the fact that the relevant C-Carrier Ltd truck driver lost control of the truck and hit a tree, the machinery was then damaged in transit.

According to police investigations, the truck driver was intoxicated at the time of the collision and, as a result, had a blood alcohol percentage that was far higher than Victoria's legal limit for fully qualified drivers.

When the (damaged) machinery was delivered to Harry, one of his employees signed a form which contained an exclusion clause. The exemption clause excluded liability for damage "caused by any acts or defaults of the carrier or otherwise". Harry's employee did not read the form.

Can C-Carrier Ltd rely on the exclusion clause to avoid liability, according to the law of contract?

Do not discuss the Australian Consumer Law. Please refer to any relevant legal cases and/or legislation to support your arguments, and ensure that you fully explain your answer.