Consumer Protection
Sale of Goods and Supply of Services Act 1980
Interpretation generally.
2.— (1) In this Act—
“ Act of 1893” means the Sale of Goods Act, 1893;
“ business” includes profession and the activities of any State authority or local authority;
F1 [ ‘ consumer-hire agreement ’ has the meaning assigned to it by section 2 (1) of the Consumer Credit Act, 1995; ]
“ deals as consumer” shall be construed in accordance with section 3;
“ fair and reasonable” shall be construed in accordance with subsection (3);
F2 [ ‘ hire-purchase agreement ’ has the meaning assigned to it by section 2 (1) of the Consumer Credit Act, 1995; ]
“ the Minister” means the Minister for Industry, Commerce and Tourism;
“ service” does not include meteorological or aviation services provided by the Minister for Transport or anything done under a contract of service;
“ State authority” means a Minister of the Government, the Commissioners of Public Works in Ireland and the Irish Land Commission.
(2) A reference in this Act to the supply of a service includes reference to the rendering or provision of a service or facility and to an offer to supply.
(3) Where, under section 13 , 31 , 40 or 46 of this Act or under section 55 of the Act of 1893 (inserted by section 22 of this Act), a question arises as to whether a term, agreement or provision is fair and reasonable regard shall be had to the criteria set out in the Schedule in deciding it.
Annotations:
Amendments:
F1
Inserted (13.05.1996) by Consumer Credit Act 1995 (24/1995), ss. 1 (2), 152 (a), S.I. No. 121 of 1996.
F2
Substituted (13.05.1996) by Consumer Credit Act 1995 (24/1995), ss. 1 (2), 152 (b), S.I. No. 121 of 1996.
Dealing as consumer.
3.— (1) In the Act of 1893 and this Act, a party to a contract is said to deal as consumer in relation to another party if—
( a) he neither makes the contract in the course of a business nor holds himself out as doing so, and
( b) the other party does make the contract in the course of a business, and
( c) the goods or services supplied under or in pursuance of the contract are of a type ordinarily supplied for private use or consumption.
(2) On—
( a) a sale by competitive tender, or
( b) a sale by auction—
(i) of goods of a type, or
(ii) by or on behalf of a person of a class
defined by the Minister by order,
the buyer is not in any circumstances to be regarded as dealing as consumer.
(3) Subject to this, it is for those claiming that a party does not deal as consumer to show that he does not.
Saving.
4.— (1) Subject to section 46 (which provides for certain agreements whether made before or after the commencement of this Act) this Act does not apply to contracts made before such commencement.
(2) This Act does not affect any exemption from liability conferred by or under statute.
Orders.
5.— (1) The Minister may by order amend or revoke an order under this Act including an order made by virtue of this subsection.
F3 [ (2) Every order made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution annulling the order is passed by either House, within the next twenty-one days on which that House has sat after the order has been laid before it, the order shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder. ]
Annotations:
Amendments:
F3
Substituted (25.01.1988) by Restrictive Practices (Amendment) Act 1987 (31/1987), s. 33(2), S.I. No. 2 of 1988.
Penalties.
6.— (1) A person guilty of an offence under this Act shall be liable—
( a) on summary conviction, to a fine not exceeding F4 [ € 3,000 ] or, at the discretion of the court, to imprisonment for a term not exceeding 6 months or to both the fine and the imprisonment, or
( b) on conviction on indictment, to a fine not exceeding F4 [ € 60,000 ] or, at the discretion of the court, to imprisonment for a term not exceeding 2 years or to both the fine and the imprisonment.
F5 [ (2) If an offence under this Act is committed by a body corporate and is proved to have been committed with the consent, connivance or approval of, or to have been attributable to any neglect on the part of any person being a director, manager, secretary or any other officer of the body corporate or a person purporting to act in any such capacity, that person, as well as the body corporate, is guilty of an offence and is liable to be proceeded against and punished as if that person were guilty of the first-mentioned offence.
(3) If, in a prosecution for an offence against the person referred to in subsection (2) , it is proved that, at the material time, the person was a director of the body corporate or an employee of it whose duties included making decisions that, to a significant extent, could have affected the management of the body corporate, or a person who purported to act in any such capacity, it shall be presumed, until the contrary is shown, that the person consented to the doing of the acts or defaults that constitute the offence.
(4) Subsection (3) shall be read as placing on the person referred to in that subsection an evidential burden only with respect to the matter or matters concerned.
(5) If the affairs of a body corporate are managed by its members, subsections (2) and (3) apply in relation to the acts or defaults of a member in connection with the member ’ s functions of management as if that member were a director or manager of the body corporate. ]
Annotations:
Amendments:
F4
Substituted (30.06.2005) by Investment Funds, Companies and Miscellaneous Provisions Act 2005 (12/2005), s. 81, S.I. No. 323 of 2005.
F5
Substituted (1.05.2007) by Consumer Protection Act 2007 (19/2007), s. 95, S.I. No. 178 of 2007.
Prosecution of offences.
7.— (1) Summary proceedings for an offence under this Act may be brought and prosecuted by the Minister or by the Director of Consumer Affairs.
(2) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act, 1851, summary proceedings for an offence under this Act may be instituted within 18 months from the date of the offence.
Expenses.
8.— The expenses incurred by the Minister or the Director of Consumer Affairs in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
Statements purporting to restrict rights of buyer.
11.— (1) Subsections (2) and (3) apply to any statement likely to be taken as indicating that a right or the exercise of a right conferred by, or a liability arising by virtue of, section 12, 13, 14 or 15 of the Act of 1893 is restricted or excluded otherwise than under section 55 of that Act.
(2) It shall be an offence for a person in the course of a business to do any of the following things in relation to a statement to which subsection (1) refers:
( a) to display on any part of any premises a notice that includes any such statement, or
( b) to publish or cause to be published an advertisement which contains any such statement, or
( c) to supply goods bearing, or goods in a container bearing, any such statement, or
( d) otherwise to furnish or to cause to be furnished a document including any such statement.
(3) For the purposes of this section a statement to the effect that goods will not be exchanged, or that money will not be refunded, or that only credit notes will be given for goods returned, shall be treated as a statement to which subsection (1) refers unless it is so clearly qualified that it cannot be construed as applicable in circumstances in which the buyer may be seeking to exercise a right conferred by any provision of a section mentioned in subsection (1).
(4) It shall be an offence for a person in the course of a business to furnish to a buyer goods bearing, or goods in a container bearing, or any document including, any statement, irrespective of its legal effect, which sets out, limits or describes rights conferred on a buyer or liabilities to the buyer in relation to goods acquired by him or any statement likely to be taken as such a statement, unless that statement is accompanied by a clear and conspicuous declaration that the contractual rights which the buyer enjoys by virtue of sections 12, 13, 14 and 15 of the Act of 1893 are in no way prejudiced by the relevant statement.
Implied warranty for spare parts and servicing.
12.— (1) In a contract for the sale of goods there is an implied warranty that spare parts and an adequate aftersale service will be made available by the seller in such circumstances as are stated in an offer, description or advertisement by the seller on behalf of the manufacturer or on his own behalf and for such period as is so stated or, if no period is so stated, for a reasonable period.
(2) The Minister may, after such consultation with such interested parties as he thinks proper, by order define, in relation to any class of goods described in the order, what shall be a reasonable period for the purpose of subsection (1).
(3) Notwithstanding section 55 (1) of the Act of 1893 (inserted by section 22 of this Act) any term of a contract exempting from all or any of the provisions of this section shall be void.
Annotations:
Modifications (not altering text):
C8
Application of Act extended (13.05.1996) by Consumer Credit Act 1995 (24/1995), s. 81, S.I. No. 121 of 1996.
Application of sections 12 and 15 to 19 of Act of 1980 to hire-purchase agreements.
81.—Where goods are let under a hire-purchase agreement, section 12 (which relates to warranties for spare parts and servicing) of the Act of 1980 and sections 15 to 19 (which relate to guarantees and undertakings) of the Act of 1980 shall have effect as if a contract for the sale of goods were a hire-purchase agreement, the buyer were the hirer and the person by whom the antecedent negotiations were conducted were the seller.
Implied condition on sale of motor vehicles.
13.— (1) In this section “ motor vehicle” means a vehicle intended or adapted for propulsion by mechanical means, including—
( a) a bicycle or tricycle with an attachment for propelling it by mechanical power, and
( b) a vehicle the means of propulsion of which is electrical or partly electrical and partly mechanical.
(2) Without prejudice to any other condition or warranty, in every contract for the sale of a motor vehicle (except a contract in which the buyer is a person whose business it is to deal in motor vehicles) there is an implied condition that at the time of delivery of the vehicle under the contract it is free from any defect which would render it a danger to the public, including persons travelling in the vehicle.
(3) Subsection (2) of this section shall not apply where—
( a) it is agreed between the seller and the buyer that the vehicle is not intended for use in the condition in which it is to be delivered to the buyer under the contract, and
( b) a document consisting of a statement to that effect is signed by or on behalf of the seller and the buyer and given to the buyer prior to or at the time of such delivery, and
( c) it is shown that the agreement referred to in paragraph (a) is fair and reasonable.
(4) Save in a case in which the implied condition as to freedom from defects referred to in subsection (2) is either not incorporated in the contract or has been effectively excluded from the contract pursuant to that subsection, in the case of every sale of a motor vehicle by a person whose business it is to deal in motor vehicles a certificate in writing in such form as the Minister may by regulations prescribe shall be given to the buyer by or on behalf of the seller to the effect that the vehicle is, at the time of delivery, free from any defect which would render it a danger to the public, including persons travelling in the vehicle.
(5) Where an action is brought for breach of the implied condition referred to in subsection (2) by reason of a specific defect in a motor vehicle and a certificate complying with the requirements of this section is not proved to have been given, it shall be presumed unless the contrary is proved that the proven defect existed at the time of delivery.
(6) Regulations under subsection (4) may apply to motor vehicles generally or to motor vehicles of a particular class or description (defined in such manner and by reference to such things as the Minister thinks proper) and different forms of certificate may be prescribed for different classes or descriptions of vehicles.
(7) A person using a motor vehicle with the consent of the buyer of the vehicle who suffers loss as the result of a breach of the condition implied by subsection (2) in the contract of sale may maintain an action for damages against the seller in respect of the breach as if he were the buyer.
(8) The Statute of Limitations, 1957, is hereby amended—
(I) by the insertion in section 11 (2) of the following paragraph—
“( d) An action for damages under section 13 (7) of the Sale of Goods and Supply of Services Act, 1980, shall not be brought after the expiration of two years from the date on which the cause of action accrued.”;
(II) by the insertion in section 49 of the following subsection—
“(5) In the case of an action claiming damages under section 13 (7) of the Sale of Goods and Supply of Services Act, 1980, subsection (1) of this section shall have effect as if for the words ‘six years’ there were substituted the words ‘ two years’.”.
(9) Notwithstanding section 55 (1) of the Act of 1893 (inserted by section 22 of this Act) any term of a contract exempting from all or any of the provisions of this section shall be void.
Annotations:
Modifications (not altering text):
C9
Application of Act extended (13.05.1996) by Consumer Credit Act 1995 (24/1995), s. 82, S.I. No. 121 of 1996.
Application of section 13 of Act of 1980 to hire-purchase of motor vehicles.
82.—Where a motor vehicle is let under a hire-purchase agreement, section 13 (which relates to an implied condition on sale of motor vehicles) of the Act of 1980 shall have effect as if a contract for sale were a hire-purchase agreement, the buyer were the hirer and the person by whom the antecedent negotiations were conducted were the seller, and the owner shall, jointly with that person and severally, be answerable to the hirer for breach of the implied condition.
C10
Application of Act restricted (10.07.1991) by Statute of Limitations (Amendment) Act 1991 (18/1991), s.3(3), commenced on enactment.
Special time limit for actions in respect of personal injuries.
3.— …
(3) Notwithstanding section 11 (2) (d) (inserted by section 13 (8) of the Sale of Goods and Supply of Services Act, 1980 ) of the Principal act, an action for damages under section 13 (7) of the said Act of 1980 which consist of or include damages in respect of personal injuries to any person may be brought within two years of the date of knowledge of the person injured if that date is later than the date on which the cause of action accrued.
…
C11
Application of Act restricted (10.07.1991) by Statute of Limitations (Amendment) Act 1991 (18/1991), s. 5(3), commenced on enactment.
Extension of limitation period in case of disability.
5.— …
(3) Notwithstanding section 49 (5) of the Principal act (inserted by section 13 (8) of the Sale of Goods and Supply of Services Act, 1980), in the case of an action under section 13 (7) of the said Act of 1980, of the kind to which section 3 of this Act applies, subsections (1) and (2) of this section shall have effect as if for the words “three years” there were substituted the words “two years”.
…
Liability of finance houses.
14.— Where goods are sold to a buyer dealing as consumer and in relation to the sale an agreement is entered into by the buyer with another person acting in the course of a business (in this section referred to as a finance house) for the repayment to the finance house of money paid by the finance house to the seller in respect of the price of the goods, the finance house shall be deemed to be a party to the sale and the finance house and the seller shall, jointly and severally, be answerable to the buyer for breach of the contract of sale and for any misrepresentations made by the seller with respect to the goods.
Guarantees
Definition of guarantee.
15.— In sections 16 to 19, “ guarantee” means any document, notice or other written statement, howsoever described, supplied by a manufacturer or other supplier, other than a retailer, in connection with the supply of any goods and indicating that the manufacturer or other supplier will service, repair or otherwise deal with the goods following purchase.
Annotations:
Modifications (not altering text):
C12
Application of Act extended (13.05.1996) by Consumer Credit Act 1995 (24/1995), s. 81, S.I. No. 121 of 1996.
Application of sections 12 and 15 to 19 of Act of 1980 to hire-purchase agreements.
81.—Where goods are let under a hire-purchase agreement, section 12 (which relates to warranties for spare parts and servicing) of the Act of 1980 and sections 15 to 19 (which relate to guarantees and undertakings) of the Act of 1980 shall have effect as if a contract for the sale of goods were a hire-purchase agreement, the buyer were the hirer and the person by whom the antecedent negotiations were conducted were the seller.
Terms of guarantee.
16.— (1) A guarantee shall be clearly legible and shall refer only to specific goods or to one category of goods.
(2) A guarantee shall state clearly the name and address of the person supplying the guarantee.
(3) A guarantee shall state clearly the duration of the guarantee from the date of purchase but different periods may be stated for different components of any goods.
(4) A guarantee shall state clearly the procedure for presenting a claim under the guarantee which procedure shall not be more difficult than ordinary or normal commercial procedure.
(5) A guarantee shall state clearly what the manufacturer or other supplier undertakes to do in relation to the goods and what charges, if any, including the cost of carriage, the buyer must meet in relation to such undertakings.
(6) It shall be an offence for the manufacturer or other supplier of goods to supply in connection with the goods a guarantee which fails to comply with this section.
Annotations:
Modifications (not altering text):
C13
Application of Act extended (13.05.1996) by Consumer Credit Act 1995 (24/1995), s. 81, S.I. No. 121 of 1996.
Application of sections 12 and 15 to 19 of Act of 1980 to hire-purchase agreements.
81.—Where goods are let under a hire-purchase agreement, section 12 (which relates to warranties for spare parts and servicing) of the Act of 1980 and sections 15 to 19 (which relate to guarantees and undertakings) of the Act of 1980 shall have effect as if a contract for the sale of goods were a hire-purchase agreement, the buyer were the hirer and the person by whom the antecedent negotiations were conducted were the seller.
Liability of seller under guarantee.
17.— (1) Where the seller of goods delivers a guarantee to the buyer, irrespective of when or how it is delivered, the seller shall be liable to the buyer for the observance of the terms of the guarantee as if he were the guarantor, unless he expressly indicates the contrary to the buyer at the time of delivery.
(2) Where, however, the seller, being a retailer, gives the buyer his own written undertaking that he will service, repair or otherwise deal with the goods following purchase, it shall be presumed, unless the contrary is proved, that he has not made himself liable to the buyer under the guarantee so delivered.
(3) Sections 16, 18 and 19 shall apply to any such undertaking as they apply to a guarantee.
(4) The liability of a seller to a buyer under this section is without prejudice to the rights conferred on the buyer under section 19.
Annotations:
Modifications (not altering text):
C14
Application of Act extended (13.05.1996) by Consumer Credit Act 1995 (24/1995), s. 81, S.I. No. 121 of 1996.
Application of sections 12 and 15 to 19 of Act of 1980 to hire-purchase agreements.
81.—Where goods are let under a hire-purchase agreement, section 12 (which relates to warranties for spare parts and servicing) of the Act of 1980 and sections 15 to 19 (which relate to guarantees and undertakings) of the Act of 1980 shall have effect as if a contract for the sale of goods were a hire-purchase agreement, the buyer were the hirer and the person by whom the antecedent negotiations were conducted were the seller.
Exclusion of buyer’s rights under guarantee.
18.— (1) Rights under a guarantee shall not in any way exclude or limit the rights of the buyer at common law or pursuant to statute and every provision in a guarantee which imposes obligations on the buyer which are additional to his obligations under the contract shall be void.
(2) A provision in a guarantee which purports to make the guarantor or any person acting on his behalf the sole authority to decide whether goods are defective or whether the buyer is otherwise entitled to present a claim shall be void.
Annotations:
Modifications (not altering text):
C15
Application of Act extended (13.05.1996) by Consumer Credit Act 1995 (24/1995), s. 81, S.I. No. 121 of 1996.
Application of sections 12 and 15 to 19 of Act of 1980 to hire-purchase agreements.
81.—Where goods are let under a hire-purchase agreement, section 12 (which relates to warranties for spare parts and servicing) of the Act of 1980 and sections 15 to 19 (which relate to guarantees and undertakings) of the Act of 1980 shall have effect as if a contract for the sale of goods were a hire-purchase agreement, the buyer were the hirer and the person by whom the antecedent negotiations were conducted were the seller.
Right of action under guarantee.
19.— (1) The buyer of goods may maintain an action against a manufacturer or other supplier who fails to observe any of the terms of the guarantee as if that manufacturer or supplier had sold the goods to the buyer and had committed a breach of warranty, and the court may order the manufacturer or supplier to take such action as may be necessary to observe the terms of the guarantee, or to pay damages to the buyer. In this subsection, buyer” includes all persons who acquire title to the goods within the duration of the guarantee and, where goods are imported, “ manufacturer” includes the importer.
(2) In any case in which a guarantor is liable to an owner in damages, the court may at its discretion and on such terms as the court may deem just afford the guarantor the opportunity of performing these obligations under the guarantee to the satisfaction of the court within a time to be limited by the court.
Annotations:
Modifications (not altering text):
C16
Application of Act extended (13.05.1996) by Consumer Credit Act 1995 (24/1995), s. 81, S.I. No. 121 of 1996.
Application of sections 12 and 15 to 19 of Act of 1980 to hire-purchase agreements.
81.—Where goods are let under a hire-purchase agreement, section 12 (which relates to warranties for spare parts and servicing) of the Act of 1980 and sections 15 to 19 (which relate to guarantees and undertakings) of the Act of 1980 shall have effect as if a contract for the sale of goods were a hire-purchase agreement, the buyer were the hirer and the person by whom the antecedent negotiations were conducted were the seller.