F117F1 Control of unreasonable exemptions in ... standard form contracts.S
F2(1)F2Any term of a contract which is ... a standard form contract shall have no effect for the purpose of enabling a party to the contract—
F3(a)who is in breach of a contractual obligation, to exclude or restrict any liability of his to the F3... customer in respect of the breach;
F4(b)in respect of a contractual obligation, to render no performance, or to render a performance substantially different from that which the F4... customer reasonably expected from the contract;
if it was not fair and reasonable to incorporate the term in the contract.
(2)In this section “customer” means a party to a standard form contract who deals on the basis of written standard terms of business of the other party to the contract who himself deals in the course of a business.
[F5(3)This section does not apply to a term in a consumer contract (but see the provision made about such contracts in section 62 of the Consumer Rights Act 2015).]
Textual Amendments
F1Words in s. 17 omitted (1.10.2015 for specified purposes, 1.10.2016 in so far as not already in force) by virtue of Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 4 para. 16(2); S.I. 2015/1630, arts. 3(g), 4(c) (with art. 6(1)(2))
F2Words in s. 17(1) omitted (1.10.2015 for specified purposes, 1.10.2016 in so far as not already in force) by virtue of Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 4 para. 16(3)(a); S.I. 2015/1630, arts. 3(g), 4(c) (with art. 6(1)(2))
F3Words in s. 17(1)(a) omitted (1.10.2015 for specified purposes, 1.10.2016 in so far as not already in force) by virtue of Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 4 para. 16(3)(b); S.I. 2015/1630, arts. 3(g), 4(c) (with art. 6(1)(2))
F4Words in s. 17(1)(b) omitted (1.10.2015 for specified purposes, 1.10.2016 in so far as not already in force) by virtue of Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 4 para. 16(3)(c); S.I. 2015/1630, arts. 3(g), 4(c) (with art. 6(1)(2))
F5S. 17(3) inserted (1.10.2015 for specified purposes, 1.10.2016 in so far as not already in force) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 4 para. 16(4); S.I. 2015/1630, arts. 3(g), 4(c) (with art. 6(1)(2))
Modifications etc. (not altering text)
C1S. 17(1)(b) extended (1.11.1998 and 1.7.1999 in relation to certain contracts and 7.8.2002 insofar as not then in force) by 1998 c. 20, s. 14(2) (with s. 12); S.I. 1998/2479, arts. 2, 3; S.I. 1999/1816, art. 3(1); S.S.I. 2002/337, art. 2