Section 12 — Unfair Contract Terms Act 1977

(1)

A party to a contract “deals as consumer” in relation to another party if —

(a)

he neither makes the contract in the course of a business nor holds himself out as doing so;

(b)

the other party does make the contract in the course of a business; and

(c)

in the case of a contract governed by the law of sale of goods or hire-purchase, or by section 7, the goods passing under or in pursuance of the contract are of a type ordinarily supplied for private use or consumption.

(2)

But on a sale by auction or by competitive tender the buyer is not in any circumstances to be regarded as dealing as consumer.

(3)

Subject to this, it is for those claiming that a party does not deal as consumer to show that he does not.