SCHEDULES

SCHEDULE 4Amendments consequential on Part 2

Unfair Contract Terms Act 1977 (c. 50)

19

1

Section 20 (obligations implied by law in sale and hire-purchase contracts) is amended as follows.

2

After subsection (1) insert—

1A

Any term of a contract which purports to exclude or restrict liability for breach of the obligations arising from—

a

section 13, 14 or 15 of the 1979 Act (seller's implied undertakings as to conformity of goods with description or sample, or as to their quality or fitness for a particular purpose);

b

section 9, 10 or 11 of the 1973 Act (the corresponding things in relation to hire purchase),

shall have effect only if it was fair and reasonable to incorporate the term in the contract.

1B

This section does not apply to a consumer contract (but see the provision made about such contracts in section 31 of the Consumer Rights Act 2015).

3

Omit subsection (2).