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Sophia operates a large transport business. Drillers Ltd is a large oil and gas rig operator in Western Australia. Drillers Ltd asks her whether she
Sophia operates a large transport business. Drillers Ltd is a large oil and gas rig operator in Western Australia. Drillers Ltd asks her whether she would transport some very expensive rigging equipment from Perth to Broome. Sophia agrees to do the job for an agreed price. She is aware of the value of the equipment she is carrying. When Sophia arrives to pick up the goods, she provides an employee with an invoice that he signs. 0n the reverse side of the invoice, there is the following exclusion clause: All goods are handled, lifted or carried at the owner's risk. The Contractor [Sophia] shall not be liable for any loss or damage of property and/or goods of the Client [Drillers Ltd] whether such damage was caused by any act, default or negligence on the part of the Contractor, and/or his servants. The company is unaware of the existence of the exclusion clause. All goes well on the long drive until Sophia decides to spend a couple of hours swimming with the dolphins at Monkey Mia. She drives the delivery van the underground car park owned and operated by Bilsons Ltd. Outside the car park is a large sign that says \"Take ticket from machine. Ticket contains terms. Pay when leaving. No liability accepted". Sophia does not read the sign. As she approaches the boom gate, an automatic ticket machine issues her with a ticket with these words printed on it: CONDITIONS OF PARKING It is a condition of the issue of this ticket that vehicles are parked on these premises at the car owner's Marks CONDITIONS OF PARKING It is a condition of the issue of this ticket that vehicles are parked on these premises at the car owner's risk. The car park proprietors accept no responsibility for loss or damage to vehicles in the parking area whether caused by negligence or in any way whatsoever When she returns to get her van, it is missing. An hour later, it is found in a nearby river. The police confirm that an employee of the car park broke into the car, somehow managed to start the engine and drove off. When he had nished joy-riding, he abandoned it in the river. Not only is the van beyond repair but the expensive rigging equipment is also destroyed. Required: Sophia seeks your advice as to whether: 1. The exclusion clause in the signed invoice is a term. If so, is it effective? 2. The exclusion clause on the ticket is a term. If so, is it effective
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