Section 9(3)

In determining whether subsection (1)(b) applies, regard shall be had (without prejudice to the generality of subsection (2)) to the following matters— the benefits of commercial certainty; the strength of the bargaining positions of the parties relative to each other; whether the term was imposed by one party to the detriment of the other (whether by the use of standard terms or otherwise); and whether the supplier received an inducement to agree to the term.

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Source: legislation.gov.uk · retrieved 2026-08-15