Firm ordered some transparencies from Interfoto.
Sent with delivery note and T&Cs.
One term stated if transparencies not returned to firm
within 14 days then fee of £5 p/d p/t applied.
within 14 days then fee of £5 p/d p/t applied.
Firm did not notice and eventual bill came to several
thousand pounds.
thousand pounds.
Court of Appeal found term not binding.
Bingham LJ:
‘Plaintiffs did not do what was necessary to draw this
unreasonable and extortionate clause fairly to [defendant’s] attention’
unreasonable and extortionate clause fairly to [defendant’s] attention’
[This is like courts having power to strike down
clauses because they are unreasonable]
clauses because they are unreasonable]
