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The Unfair Terms in Consumer Contracts Regulations 1999

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Assessment of unfair terms

6.—(1) Without prejudice to regulation 12, the unfairness of a contractual term shall be assessed, taking into account the nature of the goods or services for which the contract was concluded and by referring, at the time of conclusion of the contract, to all the circumstances attending the conclusion of the contract and to all the other terms of the contract or of another contract on which it is dependent.

(2) In so far as it is in plain intelligible language, the assessment of fairness of a term shall not relate–

(a)to the definition of the main subject matter of the contract, or

(b)to the adequacy of the price or remuneration, as against the goods or services supplied in exchange.

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