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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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A consulting client is refusing to allow an amendment to their

Resolved Question:

A consulting client is refusing to allow an amendment to their standard clause to give both us and them equal protection as follows:
"Neither party shall be liable to the other in tort (including negligence), breach of contract, breach of statutory duty or otherwise due to, under and/or arising out of or in connection with this Agreement to the extent such loss or damage is consequential, indirect, special or punitive, whether or not such person had been advised of the likelihood of any such loss or damage. "
Their own clause only gives themselves the above protection.
It seems to me that we are in more need of such protection than they are because we are providing them with analysis and research information and have no idea what they might or might not do with it.
Would this be a valid retort and can you think of more ‘legal’ reasons why we should insist on including it.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Whatever the clause you sign they can not exclude things like the Sale and Supply of Goods and Services Act or the Sale of Goods Act.

Alex Watts :

So in reality this is a commercial decision, not a legal one.

Alex Watts :

You may or may not accept the terms. If you do not and they dont want to amend then sadly you dont have to sign the contract

Alex Watts :

But in any event they can not exclude your implied terms in law.

Alex Watts :

So yes you can refuse but you still have protection under the above Acts

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Since we are supplying the services, how can the above acts protect us?

Alex Watts :

BEcause as long as you act with all reasonable skill and care there can be no claim against you.

Alex Watts :

Does that clarify?

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