Part II
Unreasonable indemnity clauses in consumer contracts. 18.—(1) Any term of a contract which is a consumer contract shall have no effect for the purpose of making the consumer indemnify another person (whether a party to the contract or not) in respect of liability which that other person may incur as a result of breach of duty or breach of contract, if it was not fair and reasonable to incorporate the term in the contract.
(2) In this section “liability” means liability arising in the course of any business or from the occupation of any premises used for business purposes of the occupier.
“Guarantee” of consumer goods. 19.—(1) This section applies to a guarantee—
- (a) in relation to goods which are of a type ordinarily supplied for private use or consumption; and
- (b) which is not a guarantee given by one party to the other party to a contract under or in pursuance of which the ownership or possession of the goods to which the guarantee relates is transferred.
(2) A term of a guarantee to which this section applies shall be void in so far as it purports to exclude or restrict liability for loss or damage (including death or personal injury)—
- (a) arising from the goods proving defective while—
- (i) in use otherwise than exclusively for the purposes of a business; or
- (ii) in the possession of a person for such use; and
- (b) resulting from the breach of duty of a person concerned in the manufacture or distribution of the goods.
(3) For the purposes of this section, any document 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.
Obligations implied by law in sale and hire-purchase contracts.
56 & 57 Vict. c. 71.
1973 c. 13.
20.—(1) Any term of a contract which purports to exclude or restrict 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 (implied terms as to title in hire-purchase agreements),
shall be void.
