INTERFOTO PICTURE LIBRARY LTD V STILETTO VISUAL PROGRAMMES LTD
Stiletto needed photographs for an advertising campaign for a client. It contacted Interfoto, with whom it had no previous dealings, and asked if it had any suitable photographs. Interfoto sent some photographs to Stiletto with a delivery note and specified that the photography had to be returned by 19 March 1998. The delivery note included a condition that if the photographs were returned late a fee of $5.00 per day plus UAT would be charged.
Stiletto returned the photographs on 2 April 1999 and were charged $3,783.50 by Interfoto. Stiletto refused to pay and Interfoto issued legal proceedings.
Was the condition about late return of the photographs a term of the contract between the parties?