Aussie court rules that’s OK
A Mondaq article titled We've always done it this way: when does prior conduct result in a term being incorporated into a contract? (http://tinyurl.com/ldttsam) reports that the WA Court of Appeal ruled that reading the fine print isn’t necessary.
The case on which the appeals court ruled involved a long-standing relationship between a vendor and the vendor’s client.
Over the years, the two parties agreed that when the client needed the vendor’s services, the client would pick up the phone and order the service. The vendor would provide the service and then submit an invoice.
The back of the invoice listed the vendor’s terms and conditions and included an exclusion clause.After one instance, the vendor invoked the exclusion clause. The client claimed it never read the back of the invoice – it was, according to the client, just a bill.