(1) Any term of a contract which is a standard form contract shall have no effect for the purpose of enabling a party to the contract -

(a) who is in breach of a contractual obligation, to exclude or restrict any liability of his to the customer in respect of the breach;

(b) in respect of a contractual obligation, to render no performance, or to render a performance substantially different from that which the customer reasonably expected from the contract;

if it was not fair and reasonable to incorporate the term in the contract.

(2) In this section "customer" means a party to a standard form contract who deals on the basis of written standard terms of business of the other party to the contract who himself deals in the course of a business.

(3) This section does not apply to a term in a consumer contract (but see the provision made about such contracts in section 62 of the Consumer Rights Act 2015).