Tim buys a DVD player from the local branch of Darley Gorman Appliances Ltd. It is a top range model, costing $250. The DVD player comes with a 12 month warranty. The order form that Tim signed at the time of purchase contained the following clause:

Darley Gorman Ltd makes no representation as to the quality of the goods purchased. The liabilities of Darley Gorman Ltd are confined to the terms of our 12 month warranty, which requires that we may choose to repair or replace goods at our discretion, where the purchaser can prove that goods were defective at the time of sale. The purchaser acknowledges that this contract contains the entirety of the terms of the contract with Darley Gorman Ltd, and that all other remedies, statutory or common law, are excluded.

13 months after purchase, the DVD player stops working. He takes it back to Darley Gorman Ltd. They say that because the warranty period has expired they have no obligations towards Tim. Advise Tim as to the likelihood of success if he was to take this matter to court.