A NORTH-East businessman has proved that a man's word can go a long way in a landmark legal victory over a get-out clause in a supplier's small print.

A judge upheld a claim by Derek Ashdown, of Ashdown Printing Machinery, that a telephone conversation with a supplier who had let him down, but promised to put matters right, was more binding than written terms and conditions waiving their responsibility.

Mr Ashdown, of Whixley, near York, sued Cougar Freight Services, of Bradford, after the company failed to pay extra expenses incurred following problems in shipping a printing press to Australia.

Mr Ashdown presented an £8,000 bill to the freight business, which Cougar refused to pay - drawing attention to written terms and conditions which said it could not be held liable for additional costs. However, the judge in the case found in favour of the printing machinery specialist, saying that the verbal commitment made by Cougar superseded the written terms and conditions.

The judgement was described by Mr Ashdown's lawyer, Chris Thomson-Smith, from York-based commercial lawyers Denison Till, as being "as rare as hen's teeth".

In his written judgement of the case, heard in sittings at York County Court and Leeds County Court, Judge Walsh, said: "I am satisfied that the exclusion clauses were waived and there was an agreement that the defendants would be liable for the claimant's reasonable losses."

The Bradford company was ordered to pay Mr Ashdown an undisclosed sum and his legal fees.