Commentary

104.3 Ability to exclude implied terms

COMMERCIAL CONTRACTS vol 7(2)
| Commentary

104.3 Ability to exclude implied terms

| Commentary

104.3 Ability to exclude implied terms

Any right, duty or liability arising under a contract of sale of goods can be negatived or varied (subject to the provisions of the Unfair Contract Terms Act 1977):

  1. 104.3.1

        by express agreement; or

  2. 104.3.2

        by the course of dealing between the parties; or

  3. 104.3.3

        by such usage as binds both parties to the contract.

An express term does not negative a term implied by the Sale of Goods Act 1979, unless inconsistent with it2.

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