Schedule 4, paragraph 19(2)

After subsection (1) insert— Any term of a contract which purports to exclude or restrict liability for breach of the obligations arising from— shall have effect only if it was fair and reasonable to incorporate the term in the contract. section 13, 14 or 15 of the 1979 Act (seller's implied undertakings as to conformity of goods with description or sample, or as to their quality or fitness for a particular purpose); section 9, 10 or 11 of the 1973 Act (the corresponding things in relation to hire purchase), This section does not apply to a consumer contract (but see the provision made about such contracts in section 31 of the Consumer Rights Act 2015).

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Source: legislation.gov.uk · retrieved 2026-07-30