Kingsway Hall Hotel Ltd v Red Sky IT (Hounslow) Ltd
 EWHC 965
This case examined whether terms still applied to a contract when the standard sales procedure was not followed. The claimant entered into a contract to purchase a software product from the defendant. The software did not work properly and the claimant brought a claim on the basis that the product was not of satisfactory quality and not fit for purpose.
The defendant relied on the exclusion of liability clause in its standard terms and conditions. The court found in favour of the claimant. The defendant during the sales process had failed to give operating documents to the claimant and this meant the exclusion of liability clause was ineffective.