Hong Kong Ordinances

SUPPLY OF SERVICES (IMPLIED TERMS) ORDINANCE - SECT 8

Exclusion or restriction of implied terms

PART III

MISCELLANEOUS

(1) As against a party to a contract for the supply of a service who
deals as consumer, the other party cannot, by reference to any contract term,
exclude or restrict any liability of his arising under the contract by virtue
of this Ordinance.

(2) Except as provided in subsection (1), where a right, duty or liability
would arise under a contract for the supply of a service by virtue of this
Ordinance, it may (subject to subsection (3) and the
Control of Exemption Clauses Ordinance ( Cap 71)) be negatived or varied by
express agreement, or by the course of dealing between the parties, or by such
usage as binds both parties to the contract.

(3) An express term does not negative a term implied by this Ordinance unless
inconsistent with it. (Enacted 1994) [cf. 1982 c. 29 s. 16(1) & (2) U.K.]