118 Can terms implied by 1982 Act be excluded?Any right, duty or liability arising under a contract for the supply of a service by virtue of the Supply of Goods and Services Act 1982 Sections 12–16 can be negatived or varied by:118.1 express agreement; or118.2 the course of dealing between the parties; or118.3 such usage as binds both parties to the contract1.For an express term to negative a term implied by Sections 12–16, the express term must be inconsistent with the term implied by the Act2.Section 16(1) is also subject to the Unfair Contract Terms Act
Any right, duty or liability arising under a contract for the supply of a service by virtue of the Supply of Goods and Services Act 1982 Sections 12–16 can be negatived or varied by:
express agreement; or
the course of dealing between the parties; or
such usage as binds both parties to the contract1.
For an express term to negative a term implied by Sections 12–16, the express term must be inconsistent with the term implied by the Act2.
Section 16(1) is also subject to the Unfair Contract Terms Act
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