act; (5) the customs of the trade; and (6) other relevant circumstances." Freightliner, 932 So. 2d at 891 (quoting Armstrong Bus. Services, Inc. v. AmSouth Bank, 817 So. 2d 665, 677 (Ala. 2001)) (internal quotation marks omitted). The first four factors identified in Freightliner all weigh in favor of findi