Exclusion clauses
Exclusion clauses

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Exclusion clauses

5.3 Section 6 of UCTA 1977

Section 6(1) prevents the exclusion of implied undertakings as to title in contracts for sale and hire purchase in any contract. These terms are implied by s. 12 of the Sale of Goods Act 1979 in relation to contracts for the supply of goods.

Section 6 (1A) disapplies the provisions relating to consumers. As amended it prevents a trader excluding the implied rights under the Sale of Goods Act 1979 (see Section 2.2 of Unit 5). However, s. 6 1A (b) allows these statutory provisions to be excluded in a commercial contract if the exclusion clause is deemed to be reasonable.

Section 7 imposes similar restrictions to s6 in relation to contracts not classed as for sale or hire purchase. For example, non-consumer contracts for the provision of services and materials under the Supply of Goods and Services Act 1982.

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