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Unfair Contract Terms Act 1977

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This is the original version (as it was originally enacted).

6Sale and hire-purchase

(1)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 (the corresponding thing in relation to hire-purchase),

cannot be excluded or restricted by reference to any contract term.

(2)As against a person dealing as consumer, liability for breach of the obligations arising from—

(a)section 13, 14 or 15 of the 1893 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);

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

cannot be excluded or restricted by reference to any contract term.

(3)As against a person dealing otherwise than as consumer, the liability specified in subsection (2) above can be excluded or restricted by reference to a contract term, but only in so far as the term satisfies the requirement of reasonableness.

(4)The liabilities referred to in this section are not only the business liabilities defined by section 1(3), but include those arising under any contract of sale of goods or hire-purchase agreement.

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