In deciding what is fair with regards to contractual terms, various aspects are taken into account, including the following:
Good faith, mutual bargaining power, financial situation, knowledge, expertise, experience, expectations, previous course of dealings and the matters including the interests of the parties in the particular circumstances;
What is customary for the type of contract in question;
The time and place of the execution of the contract or the performance of the contract;
Any excessively onerous obligation borne by one party when compared with the other party.