If you have not reviewed your Terms of Business or standard client contracts for several years, you almost certainly ought to consider doing so.

Cases in recent years on limitation and exclusion clauses have given useful guidance on the types of clauses which are, and are not, likely succeed. Certain clauses may be held totally unenforceable, in which case you could be left with potential liability for losses completely out of proportion to the value of the work or products you have provided, and in excess of your insurance cover. Recent laws such as the Contracts (Rights of Third Parties) Act 1999 also need taking into account.

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