Question: Widgets plc entered into a three-year contract with Crankit plc under which Crankit agreed to service Widgets' production line machinery. Widgets signed a document headed

Widgets plc entered into a three-year contract with Crankit plc under which Crankit agreed to service Widgets' production line machinery. Widgets signed a document headed 'Service Agreement' consisting of 150 terms, including the following: It shall be a condition of the contract that Crankit will attend in response to any call-out request by Widgets within 24 hours. Crankit will not be responsible to Widgets for any defect in quality of any spare parts supplied by Crankit when servicing customers' machinery. Widgets agree to indemnify Crankit against any claims by Widgets or any other third party who may suffer damage to person or property arising from any failure properly to perform this service agreement.

How will the terms affect the outcome of a claim when carrying out the first annual service?

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