It can also apply to contracts where a valid limitation clause has been included in the terms - not all limitation clauses are valid.

The court unanimously agreed the denial of passport service on national grounds is in compliance with the Charter, citing the limitation clause as its main decision point.

Lord Wilberforce held the limitation clause did apply.

Justice Wilson, with Justice L'Heureux-Dube, argued that the limitation clause could be invalidated in certain circumstances.

As noted above, the factors in s11(4) are relevant to the assessment of the reasonableness of a limitation clause.

Exemption clauses can be sub-divided into exclusion clauses and limitation clauses.

An exclusion clause gives the party relying on it total exemption for the breach whereas a limitation clause limits liability to a specified amount.

The validity and application of such exclusion and limitation clauses have raised many difficult problems, as well as prompting statutory intervention principally through UCTA 1977.

Nevertheless, you are establishing very tough limitation clauses in relation to the definition of a retailer.