Duty LXD-6492
Ships a mobile app, in Hong Kong
Control of Exemption Clauses Ordinance, sections 7, 8, 10 and 11, limits on excluding liability for negligence and for defective goodssince 8 lines
Control of Exemption Clauses Ordinance (Cap. 71), ss. 7-8, 10-11 · Read the law's page
- Do not rely on a contract term or a notice to exclude or restrict your liability for death or personal injury resulting from negligence; such a term or notice has no effect (s. 7(1)).
- A term or notice that excludes or restricts your liability for other loss or damage resulting from negligence is effective only in so far as it satisfies the requirement of reasonableness, and a person's agreement to or awareness of it is not of itself voluntary acceptance of the risk (s. 7(2), (3)).
- Where the other party deals as consumer or on your written standard terms of business, a term that excludes or restricts your liability for your own breach, or that lets you perform differently from what was reasonably expected or not at all, is effective only in so far as it satisfies the requirement of reasonableness (s. 8).
- Do not use a term or notice in a guarantee of consumer goods to exclude or restrict liability for loss or damage from a defect that results from the negligence of a person concerned in the manufacture or distribution of the goods (s. 10(1)).
- Against a person dealing as consumer, you cannot exclude or restrict liability for breach of the seller's undertakings as to description, sample, quality or fitness for purpose under sections 15 to 17 of the Sale of Goods Ordinance (s. 11(2)).
- Against a business buyer, an exclusion of the sections 15 to 17 undertakings is effective only in so far as it satisfies the requirement of reasonableness (s. 11(3)).
- Sections 7 and 8 do not apply to a contract so far as it relates to the creation or transfer of a right or interest in a copyright, patent, trade mark, registered design, technical or commercial information or other intellectual property (Sch. 1, s. 1(c)).
- These limits bind only business liability, meaning liability for breach of obligations or duties arising from things done or omitted in the course of a business (s. 2(2)).
Strategic commodities end-use catch-all, Schedules 3 and 4since 2 lines
Import and Export Ordinance (Cap. 60), s. 6A(4) and (5); Import and Export (Strategic Commodities) Regulations (Cap. 60 sub. leg. G), reg. 2(3) and Schedules 3 and 4 · Read the law's page
- Do not import or export computer software listed in Schedule 3 (software capable of being used to develop, produce, store, handle, detect or identify a chemical or biological agent, or to develop, produce, handle or store a nuclear weapon or a missile that could deliver one) without a licence from the Director where you know it is intended or likely to be used in a Schedule 4 weapons activity or have reasonable grounds to believe it may be (Cap. 60 s. 6A(4); Cap. 60 sub. leg. G reg. 2(3), Schedules 3 and 4).
- Make all reasonable enquiries about the intended use of such software before you export it, since that is the defence to a charge based on reasonable grounds (Cap. 60 s. 6A(5)).
Prohibition on providing services that assist weapons of mass destructionsince 2 lines
Weapons of Mass Destruction (Control of Provision of Services) Ordinance (Cap. 526), s. 4 · Read the law's page
- Do not provide a service to another person if you believe or suspect, on reasonable grounds, that it will or may assist the development, production, acquisition or stockpiling of weapons of mass destruction, wherever that takes place (Cap. 526 s. 4(1) and (2)).
- Treat anything that confers a benefit on, provides a facility for or otherwise assists someone, other than importing or exporting goods, as a service for this purpose, including work under a contract and lending money (Cap. 526 s. 4(3)).
Sale of Goods Ordinance, sections 16 and 55, seller's implied conditions as to quality and fitness and damages for breach of warrantyin force4 lines
Sale of Goods Ordinance (Cap. 26), ss. 16, 55 · Read the law's page
- The Ordinance governs contracts for the sale of goods, which it defines as all chattels personal other than things in action and money; the text does not say whether software supplied on its own is goods (s. 2(1)).
- If you sell goods in the course of a business, the goods you supply must be of merchantable quality, except as to defects you specifically draw to the buyer's attention before the contract is made and defects the buyer's examination before the contract ought to reveal (s. 16(2)).
- If you sell goods in the course of a business and the buyer makes known a particular purpose, the goods you supply must be reasonably fit for it, unless the buyer does not rely, or it is unreasonable to rely, on your skill or judgment (s. 16(3)).
- You may negative or vary these implied terms by express agreement, by the course of dealing or by usage, but only subject to the Control of Exemption Clauses Ordinance, which bars excluding them against a person dealing as consumer (s. 57(1)).