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
? Usually customers do not meet or speak with any Acme employees at any time during
? 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.