Section 11L Exclusion of implied terms etc.F3

(1)

Where a right, duty or liability would arise under a F1relevant contract for the transfer of goods or a F2relevant contract for the hire of goods by implication of law, it may (subject to subsection (2) below and the 1977 Act) be negatived or varied by express agreement, or by the course of dealing between the parties, or by such usage as binds both parties to the contract.

(2)

An express term does not negative a term implied by the preceding provisions of this Part of this Act unless inconsistent with it.

(3)

Nothing in the preceding provisions of this Part of this Act prejudices the operation of any other enactment or any rule of law whereby any term (other than one relating to quality or fitness) is to be implied in a relevant contract for the transfer of goods or a relevant contract for the hire of goods.

Annotations

Textual amendments

F1: Words in Act substituted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 1 para. 38(a); S.I. 2015/1630, art. 3(g) (with art. 6(1))
F2: Words in Act substituted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 1 para. 38(b); S.I. 2015/1630, art. 3(g) (with art. 6(1))
F3: Pt. IA (ss. 11A-11L) with Pt. heading and cross headings inserted (3.1.1995) by 1994 c. 35, ss. 6, 8(2), Sch. 1 para.1 (with s. 8(3))

Notes on Part IA

Textual amendments

F1: Pt. IA (ss. 11A-11L) with Pt. heading and cross headings inserted (3.1.1995) by 1994 c. 35, ss. 6, 8(2), Sch. 1 para.1 (with s. 8(3))

Notes on Exclusion of implied terms, etc.

Textual amendments

F1: Pt. IA (ss. 11A-11L) with Pt. heading and cross headings inserted (3.1.1995) by 1994 c. 35, ss. 6, 8(2), Sch. 1 para.1 (with s. 8(3))