Hong Kong Ordinances

CONTROL OF EXEMPTION CLAUSES ORDINANCE - SECT 12

Miscellaneous contracts under which goods pass

(1) Where the possession or ownership of goods passes under or in pursuance of
a contract not governed by the law of sale of goods, subsection (2) to (4)
apply in relation to the effect (if any) that the court or arbitrator is to
give to contract terms excluding or restricting liability for breach of
obligation arising by implication of law from the nature of the contract.

(2) As against a person dealing as consumer, liability in respect of the
goods' correspondence with description or sample, or their quality or fitness
for any particular purpose, cannot be excluded or restricted by reference to
any such term.

(3) As against a person dealing otherwise than as consumer, that liability can
be excluded or restricted by reference to such a term, but only in so far as
the term satisfies the requirement of reasonableness.

(4) Liability in respect of-

   (a)  the right to transfer ownership of the goods, or give possession; or

   (b)  the assurance of quiet possession to a person taking goods in
        pursuance of the contract, cannot be excluded or restricted by
        reference to any such term except in so far as the term satisfies the
        requirement of reasonableness. (Enacted 1989) [cf. 1977 c. 50 s. 7
        U.K.]