On 8 September 2005, the appellant's motor vehicle (a Vito Mercedes Benz) was left at the respondent's Potchefstroom Cargo Service Centre for repairs. The vehicle was delivered by the appellant's brother-in-law, Mr Pierre Jacobs, who signed an order form on behalf of the appellant. The respondent's premises had an owner's risk notice displayed prominently on notice boards at three locations: the passenger vehicle office, the customer reception entrance, and the cashier's window. The notice stated "Vehicles are left at owner's risk / Voertuie word hier gelaat op eienaars risiko." The order form also contained conditions of contract on its reverse, including clause 5 which disclaimed liability for various losses. The vehicle was stolen whilst in the respondent's custody. It was common cause that Mr Jacobs was not aware of the conditions of contract at the back of the order form and did not see the owner's risk notice displayed on the notice boards.
The appeal was dismissed with costs.
A service provider acts reasonably sufficiently to incorporate an owner's risk notice into a contract of service if the notice is prominently displayed in clear and unambiguous terms at strategic locations on its premises where customers would reasonably be expected to see it. The service provider is entitled to assume that customers will notice such a disclaimer, and the fact that a particular customer claims not to have seen it does not prevent the incorporation of the notice into the contract. The test is objective: whether in all the circumstances the service provider did what was "reasonably sufficient" to give customers notice of the terms of the disclaimer. In determining agency authority, the law concerns itself with the external manifestations of authority, not the subjective workings of the minds of the parties. Where an agent's conduct evinces all the attributes of actual authority and there is no evidence of limitation on that authority, the principal is bound by the agent's actions.
The court noted that the appellant's argument regarding the applicability of the owner's risk notice with reference to clause 5 of the conditions of contract was misconceived, as the parties had specifically agreed that the conditions of contract did not form part of the case. The court also observed that the appellant's alternative argument about interpreting the English version of the notice (which allegedly did not mention theft) differently from the Afrikaans version (which allegedly did) was not pursued. The court distinguished the case from Mercurius Motors v Lopez, noting that the present case was not one where the disclaimer was not prominently displayed or located in a misleading manner.
This case establishes important principles regarding the incorporation of disclaimer notices in contracts of service, particularly in the context of motor vehicle repairs and storage. It clarifies that service providers can effectively incorporate owner's risk notices into contracts even where customers do not actually see them, provided the notices are prominently and reasonably displayed. The case reinforces the objective test for determining whether adequate notice has been given of contractual terms. It also affirms that the law concerns itself with external manifestations rather than the subjective mental states of contracting parties. The case provides guidance on what constitutes "reasonably sufficient" notice in the context of disclaimer notices in commercial premises.