(1) A term of a consumer agreement, including a term that is incorporated in that agreement by a term of the agreement, is void if it purports to exclude, restrict or modify, or has the effect of excluding, restricting or modifying —
(a) the application of any provision of this Act to the consumer agreement; or
(b) the exercise of a right conferred by Part 5.
(2) A term of a consumer agreement is not to be taken as purporting to exclude, restrict or modify the application of a provision of this Act unless the term does so expressly or is inconsistent with that provision.
(3) A supplier shall not in trade or commerce and by reference to —
(a) any term of a consumer agreement;
(b) a notice given to persons generally; or
(c) particular persons,
exclude or restrict his or her liability for death or personal injury resulting from negligence.
(4) In the case of other loss or damage, a supplier shall not in trade or commerce exclude or restrict the supplier's liability for negligence except in so far as the term or notice satisfies the requirement of reasonableness as provided under sections 65 and 167.
(5) Where a term of a consumer agreement or a notice purports to exclude or restrict the liability of a supplier for negligence, the fact that a person agrees with it or is aware of it is not in itself to be taken as indicating the person's voluntary acceptance of any risk.