Pretty Ltd are a women's clothing manufacturer. They sell their clothes to shops and also to members of the public. Ginette owns a clothing shop and purchased 5 dresses from Pretty Ltd to sell in her shop. She selected the dresses from Pretty Ltd's catalogue, which were described as 'bright yellow' in colour. When the dresses arrived, there was a delivery note which contained the following term: "Pretty Ltd are not liable for any losses arising from breach of any term of this agreement, howsoever caused." Unfortunately, by the time Ginette's order arrived, the colour of the dresses had faded so much that the dresses were unsaleable. Ginette suffered considerable losses as a result. When Ginette contacted Pretty Ltd, she was told that because of the above term, Pretty Ltd were not liable in any way. Advise Pretty Ltd on the following: i) whether the above term has been incorporated into their contract with Ginette, and ii) on the assumption that it has been incorporated, advise on the enforceability of the term against Ginette under the relevant statute. How, if at all, would your answer differ if Ginette had purchased the dresses for her own use rather than for sale