Acme Pty Ltd runs a carpark in the city. Acme want to have an exclusion clause that applies to all contracts with carpark customers to ensure that Acme is not liable if a customer’s car is stolen or damaged when parked in the Acme carpark. The following is the procedure for customers to use the carpark: The carpark customer receives a small ticket from a machine located at a boom gate at the entrance to the carpark. The customer pays for their car parking by inserting their ticket into a machine and paying with cash or credit card before they collect their car to leave. These machines are located at each level of the carpark. To exit the carpark, the customer inserts the paid-for-ticket into the machine at the boom gate. Usually customers do not meet or speak with any Acme employees at any time during their visit. However, customers can speak to an employee by pushing buttons on either the ticket dispensing machine or the payment machine. Required: Provide Acme with legal advice so Acme can put in place an enforceable exclusion clause that would be a term in each contract with their customers.
Acme Pty Ltd runs a carpark in the city. Acme want to have an exclusion clause that applies
to all contracts with carpark customers to ensure that Acme is not liable if a customer’s car is
stolen or damaged when parked in the Acme carpark.
The following is the procedure for customers to use the carpark:
The carpark customer receives a small ticket from a machine located at a boom gate
at the entrance to the carpark.
The customer pays for their car parking by inserting their ticket into a machine and
paying with cash or credit card before they collect their car to leave.
These machines are located at each level of the carpark.
To exit the carpark, the customer inserts the paid-for-ticket into the machine at the
boom gate.
Usually customers do not meet or speak with any Acme employees at any time during
their visit.
However, customers can speak to an employee by pushing buttons on either the ticket
dispensing machine or the payment machine.
Required: Provide Acme with legal advice so Acme can put in place an enforceable exclusion
clause that would be a term in each contract with their customers.
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