Question:

$-$Total Truck Transport $($TTT$)$ contracted with AusWheat to truck this year$$s export wheat crop from various silos on Eyre Peninsula to Port Lincoln at a total charge of $$50,000.$ TTT has contracted with AusWheat every year for the past $9$ years.

$-$Tom, one of the drivers employed by TTT$,$ stopped to do some fishing halfway to Port Lincoln. The truckload of wheat, negligently left in the rain, spoiled. Tom nonetheless delivered it to Port Lincoln.

$-$TTT claims to be protected from any liability for the loss by a clause on the docket handed by each of its drivers to AusWheat on arrival in Port Lincoln. The clause reads:

$($Any liability on the part of Total Truck Transport Ltd or any of its drivers for damage to goods being carried is hereby excluded howsoever the damage may be caused.$)$

$=>$Advise AusWheat as to whether the exclusion clause:

a$)$ Forms part of the contract between the parties and

b$)$ Whether it will likely protect TTT from liability for negligent performance.

In your answer, make reference to the relevant case law in Australia