Beware small print

The report of the Court of Appeal decision upholding a limitation clause in an IT supply contract raises a worthwhile practical point (see [2001] Gazette, 26 April, 36).For years, our bank has been encouraging me to use its Hexagon software for transferring money.

This can be done direct from a modem in our office and will doubtless save time on completions and save the bank a great deal of work.

What has put me off is the contract for the supply of the software.

This provides that if anything goes wrong so that the transfer is either unduly delayed, or the money sent to the wrong recipient, even if the fault is with the bank or the software, the bank's liability is limited to the amount of the annual subscription for the service.

When many hundreds of thousands of pounds are on the go, this gives little comfort and I have preferred the tried and tested but not always reliable system of delivering paper instructions to the bank by hand.

Should I ignore the bank's limitation clause and take up the offer, or am I just being an old fool? And, while I am writing, what can I do in this electronic age, when even I can send instant e-mails, to counter the bank's argument when funds are unduly delayed, that it never promised anything quicker than a same-day service? Tom FitzPatrick, FitzPatricks Solicitors, Burgess Hill, West Sussex