Why doesn’t the Act prohibit all exclusion clauses?
The Act is drawn up in the way that it is so that commercial parties remain free to conclude contracts between themselves on such terms as they wish. It would be an infringement of their freedom if the law were to prevent them agreeing a contract term about quality that both parties were prepared to accept. But, in relation to consumers their rights in relation to goods cannot be excluded and there is limited scope for valid exclusion clauses for services particularly when the requirements of the Unfair Terms in Consumer Contracts Regulations 1999 (see separate Fact Sheet) are taken into account.
