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Unfair Contract Terms Act 1977

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This is the original version (as it was originally enacted).

20Obligations implied by law in sale and hire-purchase contracts

(1)Any term of a contract which purports to exclude or restrict liability for breach of the obligations arising from—

(a)section 12 of the Sale of Goods Act 1893 (seller's implied undertakings as to title etc.);

(b)section 8 of the Supply of Goods (Implied Terms) Act 1973 (implied terms as to title in hire-purchase agreements),

shall be void.

(2)Any term of a contract winch purports to exclude or restrict liability for breach of the obligations arising from—

(a)section 13, 14 or 15 of the said Act of 1893 (seller's implied undertakings as to conformity of goods with description or sample, or as to their quality or fitness for a particular purpose);

(b)section 9, 10 or 11 of the said Act of 1973 (the corresponding provisions in relation to hire-purchase),

shall—

(i)in the case of a consumer contract, be void against the consumer;

(ii)in any other case, have no effect if it was not fair and reasonable to incorporate the term in the contract.

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