Unfair Terms
In consumer contract regulations
UNFAIR TERMS IN CONSUMER CONTRACT REGULATIONS 1999
Here
is a Checklist to see whether or not your Contract contains any
unfair (therefore void) terms. The List is not comprehensive or
exhaustive. Does your Agreement contain any clause...
1. excluding or limiting the legal liability of a seller or supplier
in the event of the death of a consumer or personal injury to
the latter resulting from an act or omission of that seller or
supplier.
2. Inappropriately excluding or limiting the legal rights of the
consumer vis-a -vis the seller or supplier or another party in
the event of total or partial non-performance or inadequate performance
by the seller or supplier of any of the contractual obligations,
including the option of offsetting a debt owed to the seller or
supplier against any claim which the consumer may have against
him.
3. making an agreement binding on the consumer whereas provision
of services by the seller or supplier is subject to a condition
whose realisation depends on his own will alone.
4. permitting the seller or supplier to retain sums paid by the
consumer where the latter decides not to conclude or perform the
contract, without providing for the consumer to receive compensation
of an equivalent amount from the seller or supplier where the
latter is the party cancelling the contract.
5. requiring any consumer who fails to fulfil his obligation
to pay a disproportionately high sum in compensation.
6. authorising the seller or supplier to dissolve the contract
on a discretionary basis where the same facility is not granted
to the consumer, or permitting the seller or supplier to retain
the sums paid for services not yet supplied by him where it is
the seller or supplier himself who dissolves the contract.
7. enabling the seller or supplier to terminate a contract of
indeterminate duration without reasonable notice except where
there are serious grounds for doing so.
8. automatically extending a contract of fixed duration where
the consumer does not indicate otherwise, when the deadline fixed
for the consumer to express his desire not to extend the contract
is unreasonably early.
9. irrevocably binding the consumer to terms with which he had
no real opportunity of becoming acquainted before the conclusion
of the contract.
10. enabling the seller or supplier to alter the terms of the
contract unilaterally without a valid reason which is specified
in the contract.
11. enabling the seller or supplier to alter unilaterally without
a valid reason any characteristics of the product or service to
be provided.
12. providing for the price of goods to be determined at the time
of delivery or allowing a seller of goods or supplier of services
to increase their price without in both cases giving the consumer
the corresponding right to cancel the contract if the final price
is too high in relation to the price agreed when the contract
was concluded.
13. giving the seller or supplier the right to determine whether
the goods or services supplied are in conformity with the contract,
or giving him the exclusive right to interpret any term of the
contract.
14. limiting the seller's or supplier's obligation to respect
commitments undertaken by his agents or making his commitments
subject to compliance with a particular formality.
15. obliging the consumer to fulfil all his obligations where
the seller or supplier does not perform his.
16. giving the seller or supplier the possibility of transferring
his rights and obligations under the contract, where this may
serve to reduce the guarantees for the consumer, without the latter's
agreement.
17. excluding or hindering the consumer's right to take legal
action or exercise any other legal remedy, particularly by requiring
the consumer to take disputes exclusively to arbitration not covered
by legal provisions, unduly restricting the evidence available
to him or imposing on him a burden of proof which, according to
the applicable law, should lie with another party to the contract.
Related topics you may find useful:
Consumer protection
Distance selling
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