(1)The limits imposed by this Act on the extent to which a person may exclude or restrict liability by reference to a contract term do not apply to liability arising under such a contract as is described in subsection (3) below.
F1(2)The terms of such a contract are not subject to any requirement of reasonableness under section 3 F1...: and nothing in Part 11 of this Act shall require the incorporation of the terms of such a contract to be fair and reasonable for them to have effect.
(3)Subject to subsection (4), that description of contract is one whose characteristics are the following—
(a)either it is a contract of sale of goods or it is one under or in pursuance of which the possession or ownership of goods passes; and
(b)it is made by parties whose places of business (or, if they have none, habitual residences) are in the territories of different States (the Channel Islands and the Isle of Man being treated for this purpose as different States from the United Kingdom).
(4)A contract falls within subsection (3) above only if either—
(a)the goods in question are, at the time of the conclusion of the contract, in the course of carriage, or will be carried, from the territory of one State to the territory of another; or
(b)the acts constituting the offer and acceptance have been done in the territories of different States; or
(c)the contract provides for the goods to be delivered to the territory of a State other than that within whose territory those acts were done.
Textual Amendments
F1Words in s. 26(2) omitted (1.10.2015 for specified purposes, 1.10.2016 in so far as not already in force) by virtue of Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 4 para. 23; S.I. 2015/1630, arts. 3(g), 4(c) (with art. 6(1)(2))