Example sentences of "exclude [coord] [verb] any [noun] " in BNC.

  Next page
No Sentence
1 The firm must not , however , in any written communication or agreement , seek to exclude or restrict any duty or liability to a customer which it has under the Act or under the regulatory system .
2 However , the ambit of the Act is extended by s13 which provides that to the extent that the Act applies the exclusion or restriction of liability , it also applies to clauses which : ( a ) make " any liability or its enforcement subject to restrictive or onerous conditions " , such as time limit clauses requiring notification of claims , or commencement of proceedings , within a limited time ; ( b ) exclude or restrict " any right or remedy in respect of the liability " , such as clauses : ( i ) excluding the right of a buyer to reject goods , terminate a contract or exercise a right of set-off , or ( ii ) requiring a customer to accept repair or replacement from the supplier ; ( c ) subject " a person to any prejudice in consequence of his pursuing any right or remedy " ; ( d ) exclude or restrict any rules of evidence or procedure , such as clauses : ( i ) making certificates of quality conclusive evidence that goods correspond with the contract , ( ii ) making one party 's record of a transaction conclusive evidence of the facts recorded , ( iii ) requiring certain evidence in order to obtain particular remedies — eg " no refunds without receipt " .
3 ‘ ( a ) when himself in breach of contract , exclude or restrict any liability of his in respect of the breach ; or ( b ) claim to be entitled — ; ( i ) to render a contractual performance substantially different from that which was reasonably expected of him or ( ii ) in respect of the whole or any part of his contractual obligation , to render no performance at all , except in so far as the contract term [ i.e. exemption clause ] satisfies the requirement of reasonableness . ’
4 Where one party enters into a contract as a consumer , or on the other contracting party 's written standard terms of business , so that s3 applies , the Act provides ( in s3(2) ) that " the other " ( ie the non-consumer , or the party on whose written standard terms the contract is made ) can not by reference to any contract term — ( a ) when himself in breach of contract , exclude or restrict any liability of his in respect of such breach ; or ( b ) claim to be entitled — ( i ) to render a contractual performance substantially different from that which was reasonably expected of him , or ( ii ) in respect of the whole or any part of his contractual obligation , to render no performance at all , except in so far as … the contract term satisfies the requirement of reasonableness .
5 Section 3(2) provides that a person dealing with a consumer , or contracting on his/her own written standard terms : can not by reference to any contract term — ( a ) when himself in breach of contract , exclude or restrict any liability of his in respect of the breach ; or ( b ) claim to be entitled — ( i ) to render a contractual performance substantially different from that which was reasonably expected of him , or ( ii ) in respect of the whole or any part of his contractual obligation , to render no performance at all , except in so far as … the contract term satisfies the requirement of reasonableness .
6 Section 13(1) provides that : 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 .
  Next page