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Julien Bobrowski owns and runs a business called Julien's Jewels, selling used cars which have been previously owned by local celebrities. On 6 November, he
Julien Bobrowski owns and runs a business called "Julien's Jewels", selling used cars which have been previously owned by local celebrities. On 6 November, he took a Mercedes that he had acquired from a local politician into Liberty Cleaners Limited ("Liberty") in Leeds, a firm that specializes in cleaning high-value cars. Mr. Bobrowski regularly took his vehicles to Liberty for cleaning.Mr. Bobrowski handed the keys to the Mercedes to an assistant, who then passed him a document for Mr Bobrowski to sign, which he signed: "Mr. Bobrowski, Julien's Jewels". The document was headed"Standard Terms of Business" and had on its front details of pricing and timescales, and then on the back it had extensive small print. Included in the small print was the following statement:"Liberty Cleaners Limited accepts no responsibility for any loss or damage to customer property, howsoever caused".Mr. Bobrowski noticed the statement and queried it. The assistant replied that it was "...there only for the very high-end vehicles" and reassured him that the clause would not apply to this particular Mercedes. Subsequently, through the negligence of an employee, the Mercedes suffered significant damage to its engine during the cleaning process and was written off. Mr. Bobrowski has asked Liberty to compensate him for the damage, but they have refused. Liberty claims that its terms of business include any liability for damage to customer property.
What advice should be given to Mr. Bobrowski.
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