Part II
intentional, or whether liability for it arises directly or vicariously.
(3) In this Part of this Act, any reference to excluding or restricting any liability includes—
- (a) making the liability or its enforcement subject to any restrictive or onerous conditions;
- (b) excluding or restricting any right or remedy in respect of the liability, or subjecting a person to any prejudice in consequence of his pursuing any such right or remedy;
- (c) excluding or restricting any rule of evidence or procedure;
- (d) excluding or restricting any liability by reference to a notice having contractual effect,
but does not include an agreement to submit any question to arbitration.
(4) In subsection (3)(d) above “notice” includes an announcement, whether or not in writing, and any other communication or pretended communication.
(5) In sections 15 and 16 and 19 to 21 of this Act, any reference to excluding or restricting liability for breach of an obligation or duty shall include a reference to excluding or restricting the obligation or duty itself.
Part III
Provisions applying to whole of United Kingdom
Miscellaneous
International supply contracts. 26.—(1) The limits imposed by this Act on the extent to which a person may exclude or restrict liability by reference to a contract term do not apply to liability arising under such a contract as is described in subsection (3) below.
(2) The terms of such a contract are not subject to any requirement of reasonableness under section 3 or 4; and nothing in Part II of this Act shall require the incorporation of the terms of such a contract to be fair and reasonable for them to have effect.
(3) Subject to subsection (4), that description of contract is one whose characteristics are the following—
- (a) either it is a contract of sale of goods or it is one under or in pursuance of which the possession or ownership of goods passes; and
