contract-law
Is This Exclusion Clause In breach of UCTA 1977
<p>Just checking the terms and conditions of one of my suppliers terms and conditions and noticed this clause (as made bold). Does anyone know whether this is in breach of the Unfair Contract Terms Act 1977.</p>

<blockquote>
  <p>GENERAL. In these conditions "You" or "Your" means
  any person(s), firm or company that purchases goods
  from us. <strong>All business is accepted by the Company only
  upon and subject to the following Terms &amp; Conditions
  of Sales to the exclusion of all other terms (including
  any terms You purport to apply under any purchase
  order, confirmation of order, specification or other
  document)</strong>. No alterations to these terms shall be
  accepted unless confirmed in writing by the Company.
  Your order shall not be binding on the Company unless
  accepted by the Company in writing.</p>
</blockquote>

<p>I read somewhere that also because it doesn't explicitly say "conditions" after "terms" that it voids this exclusion clause.</p>

<blockquote>
  <p>Is This Exclusion Clause In breach of UCTA 1977</p>
  
  <p>I read somewhere that also because it doesn't explicitly say
  "conditions" after "terms" that it voids this exclusion clause.</p>
</blockquote>

<p>I highly doubt it. That allegation would not survive a <a href="https://en.wikipedia.org/wiki/Unfair_Contract_Terms_Act_1977" rel="nofollow noreferrer">reasonableness</a> test. The mere fact that word "<em>conditions</em>" is missing (or that it does not follow subsequent instances of the word "terms") has nothing to do with negligence, misrepresentation, and other core issues for which the UCTA was enacted. If anything, it would evidence a lack of <em>good faith</em> (which is a prerequisite in contract law) by the party who resorts to that allegation.</p>

<p>Furthermore, from the substance of a contract it is usually clear that "<em>terms</em>" is a shortened reference to the extended and redundant label of "<em>terms and conditions</em>". Indeed, the concept of "<em>terms</em>" encompasses the meaning of "<em>conditions</em>".</p>
