CAP. 711
Control of Exemption Clauses
[1989 Ed.
11. Seller's liability
(1) Liability for breach of the obligations arising from section 14 of the Sale of Goods Ordinance (Cap. 26) (seller's implied undertakings as to title, etc.) cannot be excluded or restricted by reference to any contract term.
(2) As against a person dealing as consumer, liability for breach of the obligations arising from section 15, 16 or 17 of the Sale of Goods Ordinance (Cap. 26) (seller's implied undertakings as to conformity of goods with description or sample, or as to their quality or fitness for a particular purpose) cannot be excluded or restricted by reference to any contract term.
(3) As against a person dealing otherwise than as consumer, the liability specified in subsection (2) can be excluded or restricted by reference to a contract term, but only in so far as the term satisfies the requirement of reasonableness.
(4) The liabilities referred to in this section are not only the business liabilities defined by section 2(2), but include those arising under any contract of sale of goods.
[cf. 1977 c. 50 s. 6 U.K.]
12. Miscellaneous contracts under which goods pass
(1) Where the possession or ownership of goods passes under or in pursuance of a contract not governed by the law of sale of goods, subsection (2) to (4) apply in relation to the effect (if any) that the court or arbitrator is to give to contract terms excluding or restricting liability for breach of obligation arising by implication of law from the nature of the contract.
(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, cannot be excluded or restricted by reference to any such term.
(3) As against a person dealing otherwise than as consumer, that liability can be excluded or restricted by reference to such a term, but only in so far as the term satisfies the requirement of reasonableness.
(4) Liability in respect of
(a) the right to transfer ownership of the goods, or give possession;
or
(b) the assurance of quiet possession to a person taking goods in pursuance of the contract,
cannot be excluded or restricted by reference to any such term except in so far as the term satisfies the requirement of reasonableness.
[cf. 1977 c. 50 s. 7 U.K.]
16
CAP. 711
Control of Exemption Clauses
[1989 Ed.
11. Seller's liability
(1) Liability for breach of the obligations arising from section 14 of the Sale of Goods Ordinance (Cap. 26) (seller's implied undertakings as to title, etc.) cannot be excluded or restricted by reference to any contract term.
(2) As against a person dealing as consumer, liability for breach of the obligations arising from section 15, 16 or 17 of the Sale of Goods Ordinance (Cap. 26) (seller's implied undertakings as to conformity of goods with description or sample, or as to their quality or fitness for a particular purpose) cannot be excluded or restricted by reference to any contract term.
(3) As against a person dealing otherwise than as consumer, the liability specified in subsection (2) can be excluded or restricted by reference to a contract term, but only in so far as the term satisfies the requirement of reasonableness.
(4) The liabilities referred to in this section are not only the business liabilities defined by section 2(2), but include those arising under any contract of sale of goods.
[cf. 1977 c. 50 s. 6 U.K.]
12. Miscellaneous contracts under which goods pass
(1) Where the possession or ownership of goods passes under or in pursuance of a contract not governed by the law of sale of goods, subsection (2) to (4) apply in relation to the effect (if any) that the court or arbitrator is to give to contract terms excluding or restricting liability for breach of obligation arising by implication of law from the nature of the contract.
(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, cannot be excluded or restricted by reference to any such term.
(3) As against a person dealing otherwise than as consumer, that liability can be excluded or restricted by reference to such a term, but only in so far as the term satisfies the requirement of reasonableness.
(4) Liability in respect of
(a) the right to transfer ownership of the goods, or give possession;
or
(b) the assurance of quiet possession to a person taking goods in
pursuance of the contract,
cannot be excluded or restricted by reference to any such term except in so far as the term satisfies the requirement of reasonableness.
[cf. 1977 c. 50 s. 7 U.K.]
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