Mark took his very expensive bag to be cleaned and repaired at Bag Repairs R' Us [BRRU]. On the wall was a large sign displaying a long list of terms and conditions. These included that:

"Goods are accepted on the condition that the company [BRRU] is not liable for any damage however arising, or for any delay caused."

Mark did not read the sign and was not directed to look at it by the sales assistant. Mark asked about liabilities for any damages caused, and the sales assistant, Tom, stated, 'I am not sure about that, but I'm sure we can reimburse you if any damage is caused'.

The handbag was returned with a large scratch through the middle. BRRU sought to rely on the exclusion clause.

Advise Mark on the legal issues and how he may be able to claim against BRRU.