Can a trader exclude liability for faulty goods in their T&Cs?

What the Law Says

The Consumer Rights Act 2015 sets out clear protections for consumers buying goods, services, or digital content in the UK. It prohibits traders from using unfair contract terms to avoid responsibility for faulty goods.

Under section 31 of the Consumer Rights Act 2015, any term in a consumer contract that tries to exclude or restrict the trader’s liability for breaches of the statutory rights relating to goods is not binding on the consumer.

These statutory rights include that goods must be of satisfactory quality, fit for purpose, and as described. If goods fail any of these tests, the consumer has legal remedies — including repair, replacement, price reduction, or refund — regardless of what the T&Cs say.

The law treats such exclusion clauses as automatically void — meaning they have no legal effect from the outset, even if the consumer agreed to them.

Statutory Text

Any term of a consumer contract is not binding on the consumer to the extent that it excludes or restricts the trader's liability for a breach of a term implied by section 9, 10 or 11.

— Consumer Rights Act 2015, s. 31 — Exclusion or restriction of trader's liability

What to Do

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