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Rupert runs a delicatessen and would like to stock a new style of soft cheese from France, supplied by the importer FineCheese. On the order

Rupert runs a delicatessen and would like to stock a new style of soft cheese from France, supplied by the importer FineCheese. On the order invoice, FineCheese specifies that the cheese must be kept at a constant temperature of no more than 8C otherwise it will be unsaleable. Rupert contracts Travelquik to pick up the cheese from the importer and deliver it to the delicatessen. Travelquik sends a fax to Rupert asking him to "read and sign the contract accepting our Rates and Conditions and fax back to our office prior to the delivery date". Rupert signs the contract but does not read the terms, one of which is that the constant temperature of the trucks is 10C. The cheese is delivered on time but the goods are unsaleable. Rupert intends to withhold payment to both FineCheese and Travelquik. Can he do?

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