Example sentences of "can not be exclude or restrict " in BNC.
Next page| No | Sentence |
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| 1 | Civil liability under the Act can not be excluded or restricted by any exemption clause . |
| 2 | Thus , liability for death or personal injury arising from such a breach of contract can not be excluded or restricted at all ; liability for other loss or injury arising from such a breach can be excluded only in so far as the exclusion clause satisfies the requirement of reasonableness , Unfair Contract Terms Act 1977 , section 2 ( see paragraph 10–24 above ) . |
| 3 | Section 6(1) of the UCTA states that ( under any contract for the sale or hire purchase of goods , not merely business contracts — see s 6(4) ) liability for breach of the obligations arising from the warranties as to title and quiet possession implied under SGA 1979 , s 12 ( in relation to sale of goods ) and s 8 of the Supply of Goods ( Implied Terms ) Act 1973 ( in relation to goods disposed of on hire purchase ) can not be excluded or restricted by reference to any contract term . |
| 4 | Where the UCTA controls exclusion clauses its approach is either to state that liability for the matter in question " can not be excluded or restricted by reference to any contract term " ( imposition of a total ban ) or to state that such liability can not be so excluded or restricted unless the relevant contract term " satisfies the test of reasonableness " . |
| 5 | However , the UCTA does not state that such clauses are void , merely that the relevant liability can not be excluded or restricted by reference to them . |
| 6 | ts As stated above , ss 6(1) and 7(3A) of the UCTA provide that liability for breach of the obligations as to title and quiet possession implied by the SGA and the SGSA can not be excluded or restricted by reference to any contract term . |
| 7 | Some types of clause are rendered wholly ineffective by the Act providing that certain types of liability " can not be excluded or restricted " . |
| 8 | ( 2 ) As against a person dealing as consumer , liability in respect of the goods ' correspondence with description or sample , or their quality or fitness for any particular purpose , can not be excluded or restricted by reference to any such term . |
| 9 | [ ( 3A ) Liability for breach of the obligations arising under section 2 of the Supply of Goods and Services Act 1982 ( implied terms about title , etc in certain contracts for the transfer of the property in goods ) can not be excluded or restricted by references to any such term . ] |
| 10 | The effect of s7(2) and ( 3 ) is that the other implied terms can not be excluded or restricted at all where the buyer deals as a consumer ; they can be excluded outside of consumer supply transactions so long as the supplier can show that such an exclusion is fair and reasonable . |
| 11 | Section 5(1) of UCTA 1977 states : 5- ( 1 ) In the case of goods of a type ordinarily supplied for private use or consumption , where loss or damage ( a ) arises from the goods proving defective while in consumer use ; and ( b ) results from the negligence of a person concerned in the manufacture or distribution of the goods , liability for the loss or damage can not be excluded or restricted by reference to any contract term or notice contained in or operating by reference to a guarantee of the goods . |
| 12 | In this respect , s6 of UCTA 1977 provides that liability for breach of the obligation arising under the implied terms , can not be excluded or restricted by " reference to any contract term " . |