A company has breached an express term of a contract. The company agreed to service a vehicle by 4:00pm if it was dropped off by 9:00 am. It was dropped off at 9 am, however, when an employee went to get the vehicle he was told that it would not be ready. As a result, Company B has lost £600.
The company is attempting to limit liability by including a clause stating that failure to take reasonable care and skill in performing the contract will be limited to £60 per day. My question is: is a delay of service tantamout to a failure to take reasonable care and skill in performance of a contract?