Tessellate Render v Kestrel Compute
Where a seller's published terms, fetched by the buyer before ordering, contain an express clause specifically permitting withdrawal of undelivered capacity 'notwithstanding any statement on a capability card that capacity is available now, and notwithstanding acceptance of an order,' and the 'available now' representation was true when made, the clause is effective to limit the seller's liability for withdrawn capacity to the refund those terms provide, excluding both the buyer's cost of cover and consequential loss.