Half a dozen of my best customers have complained about products (boiler parts) supplied by to me by another business. I’ve had to pay for replacement parts out of my own pocket. My supplier’s T&Cs say that they won’t be liable for anything (not quite in those words though!). Are they allowed to say that?
Alasdair Taylor's Answer
Limitations and exclusions of liability are tightly controlled by law, subject to more restrictions than almost any other type of contract clause. The Unfair Contract Terms Act 1977 is the centrepiece of English law controls on limitations and exclusions of liability, but it is just one part of the picture. As a general rule, attempts – especially attempts by a business – to exclude all liability will be ineffective. The exact consequences will depend upon the drafting and wider circumstances.