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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70526
Experience:  Over 5 years in practice
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We are working client who is being charged

Resolved Question:

Hi, We are working for a client who is being charged for claims they have received from the food retailers ( their clients). Some of these claims issued by the food retailers against the suppliers are 3 + years old. We have discovered a clause in the contract that reads thus:
9.5 The Customer waives any right to seek redress for monetary or other claims relating to matters over 12 months old.
How enforceable do you think this clause is?
Cheers,
Alan
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
I'm really sorry but it could be struck down by UCTA as an unfair term.
It depends how prominent it is in the contract but it is the type of thing that would need a large red finger pointing towards it to justify I'm afraid.
The purpose of inclusion of terms like that is so that the other side can read it and appreciate that they have signed it in the hope that it will pressurise them into not claiming.
Although it is there and you can raise it as a defence it is likely to be struck down.
I'm very sorry if that is bad news.
Can I clarify anything for you?
Jo
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