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Unfair Contract Terms Act 1977

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This is the original version (as it was originally enacted).

5" Guarantee " of consumer goods

(1)In the case of goods of a type ordinarily supplied for private use or consumption, where loss or damage—

(a)arises from the goods proving defective while in consumer use ; and

(b)results from the negligence of a person concerned in the manufacture or distribution of the goods,

liability for the loss or damage cannot be excluded or restricted by reference to any contract term or notice contained in or operating by reference to a guarantee of the goods.

(2)For these purposes—

(a)goods are to be regarded as " in consumer use " when a person is using them, or has them in his possession for use, otherwise than exclusively for the purposes of a business; and

(b)anything in writing is a guarantee if it contains or purports to contain some promise or assurance (however worded or presented) that defects will be made good by complete or partial replacement, or by repair, monetary compensation or otherwise.

(3)This section does not apply as between the parties to a contract under or in pursuance of which possession or ownership of the goods passed.

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