Section 13 Varieties of exemption clause.

England, Wales and Northern Ireland

F1(1)

To the extent that this Part of this Act prevents the exclusion or restriction of any liability it also prevents—

(a)

making the liability or its enforcement subject to restrictive or onerous conditions;

(b)

excluding or restricting any right or remedy in respect of the liability, or subjecting a person to any prejudice in consequence of his pursuing any such right or remedy;

(c)

excluding or restricting rules of evidence or procedure;

and (to that extent) sections 2 , 6 and 7 also prevent excluding or restricting liability by reference to terms and notices which exclude or restrict the relevant obligation or duty.

(2)

But an agreement in writing to submit present or future differences to arbitration is not to be treated under this Part of this Act as excluding or restricting any liability.

Annotations

Textual amendments

F1: Words in s. 13(1) substituted (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. 12; S.I. 2015/1630, arts. 3(g), 4(c) (with art. 6(1)(2))

Notes on Part I

Modifications

C1: Pt. I applied (3.1.1995): by 1973 c. 13, s. 11A (as inserted (3.1.1995) by 1994 c. 35, ss. 7, 8(2)(3), Sch. 2 para. 4(6)); by 1979 c. 54, s. 61(5A) (as inserted (3.1.1995) by 1994 c. 35, ss. 7, 8(2)(3), Sch. 2 para. 5(9)(c)); by 1982 c. 29, s. 18(3) (as inserted (3.1.1995) by 1994 c. 35, ss. 7, 8(2)(3), Sch. 2 para. 6(10))