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peter gotch  
#1 Posted : 19 June 2018 13:33:42(UTC)
Rank: Super forum user
peter gotch

One for the legal eagles?

We bought a product with the following information:

"LIMITED WARRANTY. This product must be used according to its instructions. No other warranties, whether expressed or implied, are given or implied. In no event will [Manufacturer's name not stated on this Forum!] entire liability exceed the purchase price of this product".

Predominantly a DIY consumer protection issue, but the product is probably used in the work environment.

What do readers think about this attempt to avoid liability?

Roundtuit  
#2 Posted : 19 June 2018 18:14:04(UTC)
Rank: Super forum user
Roundtuit

Its not an attempt to avoid liability - if there is injury to the user or consequential issues these cannot under UK law be excluded by any Terms and Conditions.

It is common practice to limit a more general liability solely to the purchase price of the product unless the trader is offering an enhanced or extended warranty.

Primary legislation in a DIY scenario would be the Consumer Rights Act 2015 S.I. 2015 15 in which Part 1 Chapter 2 s 31 "Liability that cannot be excluded or restricted" and the Consumer Protection Act 1987 S.I. 1987 43 Part 1 "Product Liability".

Roundtuit  
#3 Posted : 19 June 2018 18:14:04(UTC)
Rank: Super forum user
Roundtuit

Its not an attempt to avoid liability - if there is injury to the user or consequential issues these cannot under UK law be excluded by any Terms and Conditions.

It is common practice to limit a more general liability solely to the purchase price of the product unless the trader is offering an enhanced or extended warranty.

Primary legislation in a DIY scenario would be the Consumer Rights Act 2015 S.I. 2015 15 in which Part 1 Chapter 2 s 31 "Liability that cannot be excluded or restricted" and the Consumer Protection Act 1987 S.I. 1987 43 Part 1 "Product Liability".

Hsquared14  
#4 Posted : 20 June 2018 08:33:36(UTC)
Rank: Super forum user
Hsquared14

Originally Posted by: Roundtuit Go to Quoted Post

Its not an attempt to avoid liability - if there is injury to the user or consequential issues these cannot under UK law be excluded by any Terms and Conditions.

It is common practice to limit a more general liability solely to the purchase price of the product unless the trader is offering an enhanced or extended warranty.

Primary legislation in a DIY scenario would be the Consumer Rights Act 2015 S.I. 2015 15 in which Part 1 Chapter 2 s 31 "Liability that cannot be excluded or restricted" and the Consumer Protection Act 1987 S.I. 1987 43 Part 1 "Product Liability".

Pretty well spot on - most warranties include a clause relating to use as intended but that doesn't mean that someone can't make a personal injury claim if they think there has been some form of negiligence on the part of the manufacturer or supplier. Don't forget that in the case of faulty items the supplier and not the manufacturer is the first port of call to get your money back.

peter gotch  
#5 Posted : 23 June 2018 11:26:09(UTC)
Rank: Super forum user
peter gotch

Thanks for the responses though I think that the corporate lawyers were trying to warn against litigants, i.e. attempting to avoid liability in any scenario that might involve big lawyers v poor litigant.

I don't have any problem in manufacturer asking us to follow the instructions!

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