Section 17 | Control of unreasonable exemptions in ... standard form contracts. ^F1

(1)Any term of a contract which is ... a standard form contract shall have no effect for the purpose of enabling a party to the contract—^F2

(a)who is in breach of a contractual obligation, to exclude or restrict any liability of his to the ... customer in respect of the breach;^F3

(b)in respect of a contractual obligation, to render no performance, or to render a performance substantially different from that which the ... customer reasonably expected from the contract;^F4

if it was not fair and reasonable to incorporate the term in the contract.

(2)In this section “customer” means a party to a standard form contract who deals on the basis of written standard terms of business of the other party to the contract who himself deals in the course of a business.

(3)This section does not apply to a term in a consumer contract (but see the provision made about such contracts in section 62 of the Consumer Rights Act 2015).^F5