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Question 2 Ritzv Rides Bhd run a car rental business. Their cars are sent to Lotus Berhad who run a chain of garages throughout the

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Question 2 Ritzv Rides Bhd run a car rental business. Their cars are sent to Lotus Berhad who run a chain of garages throughout the Klang Valley, for servicing. Last month Ritzv Rides Bhd sent one of their cars for routine service to Lotus Berhad's garage. Lotus Berhad gave Ritzv Rides Bhd's driver a receipt. The receipt confirmed that Lotus Berhad had accepted the car for servicing and had set out the date on which Ritzv Rides Bhd could get back their car. The driver, without reading the receipt, put it into his pocket. The driver later handed the receipt over to his manager, who also without reading it, filed it away. The following words appeared on the back of the receipt: \"Whilst we will take all care possible, we take no responsibility for any damage or loss incurred, howsoever caused, when the vehicle is in our custody.\" At the exit to Lotus Berhad's garage there is a small notice stating, \"All vehicles are accepted only on the terms as set out on the docket given.\" Ritzv Rides Bhd's driver did not see this notice. The following day, John who was the Lotus Berhad's mechanic who had serviced the car, test drove it around the block. As John was speeding, he did not notice a pothole in the road and drove the car into it, causing irreparable damage to it. The relevant provisions of the Consumer Protection Act 1999 are: Section3 Consumer is someone who acquires goods or services of a kind ordinarily acquired for personal, domestic or household purpose use or consumption and not primarily to resupplv them in trade or consume them in manufacture. Section 24A Unfair term is a term in consumer contract which, with regard to all the circumstances, causes a signicant imbalance in the rights and obligations of the parties to the detriment of the consumer. Based on the relevant provisions of the Consumer Protection Act 1999, advise Lotus Berhad whether they can rely on the exclusion clause now that Ritzv Rides Bhd wishes to sue them

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