On 8 September 2005 the appellant’s motor vehicle was delivered to the respondent’s Potchefstroom Cargo Service Centre for repairs. The vehicle was handed over and an order form was signed by the appellant’s brother-in-law, Mr Pierre Jacobs, who acted on the appellant’s behalf. While the written order form contained standard conditions on its reverse, the respondent ultimately relied only on prominent owner’s risk notices displayed at three locations on its premises stating that vehicles were left at the owner’s risk. The vehicle was stolen while in the respondent’s custody. The appellant sued for damages, contending that he was not bound by the owner’s risk notice and that Jacobs lacked authority to bind him to such a disclaimer.