Last week, Phuong's car broke down on his way home from holidays. Attempts were made to fix it on the side of the road, but eventually it became obvious that it was going to have to be towed to a garage for repairs. Phuong arranged for ABC Motors (ABC) to get his vehicle towed to ABC's premises for repairs. When the vehicle was picked up by the tow truck, the driver asked Phuong to sign an authorisation to pick up his car, deliver it to ABC Motors and carry out the repairs. Phuong signed the authorisation. One of the terms of the contract stated: 'ABC Motors is not responsible for any loss or damage to a customers' car while left in the care of ABC Motors at their premises." Later and while legally parked on the street just outside of ABC's property, Phuong's car was extensively damaged by the carelessness of one of ABC's mechanics who collided with Phuong's vehicle while test driving another vehicle he had just repaired. ABC claims it is not responsible for the damage to Phuong's car and is relying on the exclusion clause