Postal and Telecommunications Services Act, 1983
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Limitation of liability of the telecommunications company. |
88.—(1) Subject to subsection (3), the company shall be immune from all liability in respect of any loss or damage suffered by a person in the use of a service referred to in paragraph (a), (b) or (c) by reason of— | |
(a) failure or delay in providing, operating or maintaining a telecommunications service, | ||
(b) failure, interruption, suspension or restriction of a telecommunications service, | ||
(c) any error or omission in a directory published by the company or any telegrams or telex messages transmitted by the company. | ||
(2) The members of the staff of the company shall be immune from civil liability except at the suit of the company in respect of any loss or damage referred to in subsection (1). | ||
(3) (a) Section 39 of the Sale of Goods and Supply of Services Act, 1980 , shall not apply to the provision of international services by the company. | ||
(b) The said section 39 shall not apply to the provision of telecommunications services within the State until such date as the Minister for Trade, Commerce and Tourism, after consultation with the Minister, by order provides, whether in relation to such services generally or in relation to services of a class defined in the order in such manner and by reference to such matters as the Minister for Trade, Commerce and Tourism, after such consultation, thinks proper. |