The court considered that a limitation of the period within which a claim could be filed was not in itself illegal. However, the court held it was obvious that in such cases there must be an unequivocal offer, acceptance and agreement as to any such clause which stipulated a shorter period for notifying defects.
The court observed that in this case the exemption clause was merely stamped in very small print on each invoice. At times the invoices themselves were illegible. Furthermore, the plaintiff had confirmed that there was never any individual negotiation on the clause in question. For these reasons the court held that there was no clear agreement on the contents of the clause and that therefore the defendant could resort to the argument that the product was defective despite the fact that the stipulated period for notifying defects according to the clause had been exceeded.