| Commentary

108.13 Ability to exclude

| Commentary

108.13 Ability to exclude

Liability for breach of the obligation arising from the implied undertaking as to the quality or fitness for a particular purpose can be excluded or restricted by reference to any contract term but only in so far as the term satisfies the requirements of reasonableness1.

Note that to limit the application of whether a term satisfies the requirement of reasonableness, the effect of Section 14 can be reduced somewhat by:

  1. 108.13.1

        pointing out defects;

  2. 108.13.2

        defining what the meaning of satisfactory quality etc is, for example, specifying tolerances or standards to be met;

  3. 108.13.3

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