The UK's Finest Independent Forum for Shooters and Gun Owners. Est 2010.

Rarms - as you have not posted an introductory to yourself on the site, I was wondering where in the UK you are, what club(s) you shoot with, etc.

Also, what configuration is your V-22?

Here it is:

Parker v South Eastern Railway [1877] 2 CPD 416 is a famous English contract law case on exclusion clauses where the court held that an individual cannot escape a contractual term by failing to read the contract but [b]that a party wanting to rely on an exclusion clause must take reasonable steps to bring it to the attention of the customer.[/b]


SO, did either seller or manufacturer take REASONABLE STEPS to tell you NOT to use Home Loads given that you SAID you used home loads and they sold home load kit??

saddler wrote:Rarms - as you have not posted an introductory to yourself on the site, I was wondering where in the UK you are, what club(s) you shoot with, etc.

Also, what configuration is your V-22?

Apologies for not posting an intro. I am on most shooting forums and have lurked here for a while. Think I bought some 9 & 10mm dies off you on stalking directory recently.

One is on a Bremmer Lower and is quite tarted up. The other is built on an SGC lower as a M4.

Shoot with WTSC in Sussex, BBS club at Bisley, intend to get into CSR at Bisley a bit more in the new year too. Have a couple of .223 AR15's too. Also deer stalk and rough shoot locally and in Scotland.

Unfair Contract Terms Act 1977

Avoidence of liability for negligence, breach of contract, etc.

2 Negligence liability.

(1)A person cannot by reference to any contract term or to a notice given to persons generally or to particular persons exclude or restrict his liability for death or personal injury resulting from negligence.

(2)In the case of other loss or damage, a person cannot so exclude or restrict his liability for negligence except in so far as the term or notice satisfies the requirement of reasonableness.

(3)Where a contract term or notice purports to exclude or restrict liability for negligence a person’s agreement to or awareness of it is not of itself to be taken as indicating his voluntary acceptance of any risk.

Explanatory provisions
11 The “reasonableness” test.

(1)In relation to a contract term, the requirement of reasonableness for the purposes of this Part of this Act, section 3 of the M6 Misrepresentation Act 1967 and section 3 of the M7 Misrepresentation Act (Northern Ireland) 1967 is that the term shall have been a fair and reasonable one to be included having regard to the circumstances which were, or ought reasonably to have been, known to or in the contemplation of the parties when the contract was made.

1)In relation to a contract term, the requirement of reasonableness for the purposes of this Part of this Act, section 3 of the M6 Misrepresentation Act 1967 and section 3 of the M7 Misrepresentation Act (Northern Ireland) 1967 is that the term shall have been a fair and reasonable one to be included having regard to the circumstances which were, or ought reasonably to have been, known to or in the contemplation of the parties when the contract was made.

Sounds good to me. Handloads WERE mentioned, would it be reasonable to exp[ect an experienced shooter to read the instructions of a firearm he is familiar with. Is it reasonable to have such a important exclusion simply printed on a slip of paper. etc

The second page of the handbook....does not stop me using reloads but I'm aware of the clause on p16 that out of warranty repairs will be paid for at the customers expense.

The bottom line in all this is either go to court or accept the fact that £XXX has just been wasted....

Hell will freeze over before the retailer or SGC make any resitution.....

As this seems to have cropped up again this comment in a gun mart review may be of intrest.

Bob told me the rifling twist is very slow so would also suit those who want to reload using lead bullets

http://www.gunmart.net/gun_review/southern_gun_co_lr9

David

That'll save him a few warranties then :roll:

In fairness though every gun i've ever bought has a line in the manual that says the warranty is void if handloaded ammo is used

The second page of the handbook....does not stop me using reloads but I'm aware of the clause on p16 that out of warranty repairs will be paid for at the customers expense.

Actually it does. The bit that says....."the use of handloaded ammunition etc.."