Consumer Sale Contracts
Consumer Rights Act 2022
Be it enacted by the Oireachtas as follows:
PART 1
Preliminary and general
Short title and commencement
1. (1) This Act may be cited as the Consumer Rights Act 2022.
(2) This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.
Interpretation
2. (1) In this Act—
“Act of 1995” means the Consumer Credit Act 1995 ;
“Act of 2007” means the Consumer Protection Act 2007 ;
“commercial guarantee”, in relation to a sales contract, means any undertaking by a trader or producer to a consumer (in addition to the trader’s legal obligation to supply goods in conformity with the sales contract) to reimburse the price paid or to repair, replace or service goods in any way if they do not meet the specifications or any other requirements not related to conformity set out in the guarantee statement or in the relevant advertising available at the time of, or before, the conclusion of the sales contract;
“compatibility” means the ability of digital content, digital services or goods to function with hardware or software with which digital content, digital services or goods of the same type is or are normally used without the need to convert the digital content, digital service, goods, hardware or software;
“consumer” means an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession;
“delivery” means voluntary transfer of possession from one person to another;
“digital content” means data which are produced and supplied in digital form, including in particular computer programs, applications, video files, audio files, music files, digital games, e-books and other e-publications;
“digital content contract” means a contract under which—
(a) a trader supplies or undertakes to supply digital content to a consumer, and
(b) the consumer either or both:
(i) pays or undertakes to pay the price of the digital content;
(ii) provides or undertakes to provide personal data to the trader, other than where the personal data are processed by the trader only for the purpose of supplying the digital content in accordance with this Act or complying with any other legal requirement to which the trader is subject;
“digital service” means—
(a) a service that allows a consumer to create, process, store or access data in digital form, or
(b) a service that allows the sharing of or any other interaction with data in digital form uploaded or created by a consumer or other users of that service,
and includes in particular video and audio sharing and other file hosting, social media, and word processing and games offered in the cloud computing environment;
“digital service contract” means a contract under which—
(a) a trader supplies or undertakes to supply a digital service to a consumer, and
(b) the consumer either or both:
(i) pays or undertakes to pay the price of the digital service;
(ii) provides or undertakes to provide personal data to the trader, other than where the personal data are processed by the trader only for the purpose of supplying the digital service in accordance with this Act or complying with any other legal requirement to which the trader is subject;
“distance contract” means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, and with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
“district heating” means the supply of heat (in the form of steam, hot water or otherwise) to multiple buildings from a central source of production through a transmission and distribution system for the purpose of heating;
“durable medium” means any instrument which enables a consumer or a trader to store information addressed personally to that person in a way that is accessible for future reference, for a period of time adequate for the purposes of the information, and which allows the unchanged reproduction of the information stored;
“electronic communications service” means a service normally provided for remuneration via electronic communications networks, which encompasses, with the exception of a service providing, or exercising editorial control over, content transmitted using electronic communications networks and services, the following types of service—
(a) a publicly available electronic communications service that provides an internet access service,
(b) an interpersonal communications service, and
(c) a service consisting wholly or mainly in the conveyance of signals such as a transmission service used for the provision of a machine-to-machine service and for broadcasting;
“enactment” has the same meaning as it has in the Interpretation Act 2005 ;
“financial service” means any service of a kind normally provided in the ordinary course of carrying on a banking business, an insurance business or a business of providing credit, personal pensions, an investment service or a payment service;
“functionality” means the ability of goods, digital content or digital services to perform their functions having regard to their purpose;
“goods” means any tangible movable items (other than money and any item sold by way of execution or otherwise by authority of law) and includes—
(a) any tangible movable items that incorporate, or are inter-connected with, digital content or a digital service in such a way that the absence of that digital content or digital service would prevent the goods from performing their functions, and
(b) water, gas and electricity where they are supplied in a limited volume or set quantity;
“goods with digital elements” means any tangible movable items that fall within paragraph (a) of the definition of “goods”;
“internet access service” means a publicly available electronic communications service that provides access to the internet, and thereby connectivity to virtually all end points of the internet, irrespective of the network technology and terminal equipment used;
“interoperability” means the ability of goods, digital content or a digital service to function with hardware or software different from those with which goods, digital content or digital services of the same type are normally used;
“interpersonal communications service” means a service normally provided for remuneration that enables direct interpersonal and interactive exchange of information via electronic communications networks between a finite number of persons, whereby the persons initiating or participating in the communication determine its recipients and does not include services which enable interpersonal and interactive communication merely as a minor ancillary feature that is intrinsically linked to another service;
“Minister” means the Minister for Enterprise, Trade and Employment;
“number-based interpersonal communications service” means an interpersonal communications service which connects with publicly assigned numbering resources, namely, a number or numbers in national or international numbering plans, or which enables communication with a number or numbers in national or international numbering plans;
“off-premises contract” means any of the following contracts between a trader and a consumer:
(a) a contract concluded in the simultaneous physical presence of the trader and the consumer in a place which is not the business premises of the trader;
(b) a contract for which an offer was made by the consumer in the simultaneous physical presence of the trader and the consumer in a place which is not the business premises of the trader;
(c) a contract concluded on the business premises of the trader or through any means of distance communication immediately after the consumer was personally and individually addressed in a place which is not the business premises of the trader in the simultaneous physical presence of the trader and the consumer;
(d) a contract concluded during an excursion organised by the trader with the aim or effect of promoting and selling goods or services to the consumer;
“ownership” means the general property in goods and not merely a special or limited property;
“personal data” has the same meaning as it has in the Data Protection Act 2018 ;
“prescribed” means prescribed by regulations made by the Minister;
“producer” means a manufacturer of goods, an importer of goods into the European Union or any person purporting to be a producer by placing the person’s name, trade mark or other distinctive sign on the goods and includes any person acting in the name, or on behalf, of the producer;
“sales contract” (other than in Part 5 ) has the meaning assigned to it by section 11 (1);
“service” means any service or facility (other than digital content, a digital service and a service provided under a contract of employment or apprenticeship) and includes in particular—
(a) a service or facility for—
(i) financial or other professional services,
(ii) amusement, cultural activities, entertainment, instruction, recreation or refreshment,
(iii) accommodation,
(iv) communication, including electronic communication,
(v) transport, travel, parking or storage,
(vi) the care and maintenance of persons, animals or things, or
(vii) the construction, maintenance or repair of buildings,
(b) the supply of—
(i) water, gas or electricity where it is not supplied in a limited volume or set quantity, or
(ii) district heating,
and
(c) any rights, benefits, privileges, obligations or facilities that are, or are to be, provided, granted or conferred in the course of a service;
“service contract” (other than in Part 5 ) means a contract (other than a sales contract and a contract for the sale of land (within the meaning of the Land and Conveyancing Law Reform Act 2009 )) under which—
(a) a trader supplies or undertakes to supply a service to a consumer, and
(b) the consumer pays or undertakes to pay the price of the service;
“trader” means—
(a) a natural person, or
(b) a legal person, whether—
(i) privately owned,
(ii) publicly owned, or
(iii) partly privately owned and partly publicly owned,
who is acting for purposes relating to the person’s trade, business, craft or profession, and includes any person acting in the name, or on behalf, of the trader.
(2) In subsection (1), in the definitions of “digital content contract”, “digital service contract” and “service contract”, any reference to the consumer paying a price includes a reference to the consumer using by way of payment any facility by which payment is made.
(3) It is for a trader claiming that an individual was not acting for purposes wholly or mainly outside that individual’s trade, business, craft or profession to show that the individual was not so acting.
(4) A reference in this Act to the sale of goods includes a reference to the transfer of, or an undertaking to transfer, the ownership of those goods.
(5) A reference in this Act to the supply of a service or a digital service includes a reference to the performance, rendering or provision of the service or of the digital service, as the case may be.
(6) In Parts 2 to 4 , a reference to a reasonable expectation shall be interpreted having regard objectively to the nature and purpose of the contract concerned, the circumstances of the case and the usages and practices of the parties to the contract.
Regulations
3. (1) The Minister may by regulations provide for any matter referred to in this Act as prescribed or to be prescribed.
(2) The Minister may make different regulations under this Act for different classes or description of consumer, trader or contract.
(3) Regulations under this Act may contain such incidental, supplementary and consequential provision as appears to the Minister to be necessary or expedient for the purposes of the regulations.
(4) Every regulation 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 regulation is passed by either House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done under it.
Making of contract
4. (1) Subject to the enactments specified in subsection (2), a contract to which any of Parts 2 to 6 applies—
(a) may be made—
(i) in writing,
(ii) by word of mouth, or
(iii) partly in writing and partly by word of mouth,
or
(b) may be implied from the conduct of the parties.
(2) The enactments referred to in subsection (1) are—
(a) sections 103 to 109 ,
(b) sections 30, 32, 36, 57, 58 and 84 of the Act of 1995,
(c) Regulations 8, 9 and 13 of the European Communities (Consumer Credit Agreements) Regulations 2010 ( S.I. No. 281 of 2010 ), and
(d) any other enactment that makes provision in relation to the making of a contract.
Contract terms may be more favourable to consumer
5. Nothing in this Act shall be construed as prohibiting the inclusion in a contract between a consumer and a trader of a term that is more favourable to the consumer than a right or remedy afforded to the consumer by or under this Act.
Powers of court in relation to remedies under Parts 2 to 4
6. (1) In any proceedings relating to a contract to which any of Parts 2 to 4 applies, the court, in addition to any other power that it may have, shall have power—
(a) to make an order for the provision of a remedy that is specified in subsection (2), and
(b) to make such incidental or ancillary order as it thinks fit.
(2) The remedies referred to in subsection (1)(a) are any of the following remedies—
(a) the repair or replacement of goods,
(b) a reduction in the price of goods, digital content, a digital service or a service, and
(c) a remedy for bringing digital content, a digital service or a service into conformity with the contract under which it is supplied.
(3) In this section, “court” means—
(a) the District Court,
(b) the Circuit Court, or
(c) the High Court.
Representations purporting to restrict rights of consumer: offences
7. (1) Subsections (2) and (3) apply to any representation likely to be taken as indicating that—
(a) a right or the exercise of a right conferred by any of Parts 2 to 4 , or
(b) an obligation or a liability arising under any of those Parts,
is restricted or excluded otherwise than in accordance with this Act.
(2) It shall be an offence for a trader to do any of the following things in relation to a representation to which subsection (1) applies:
(a) to display on any part of any premises a notice that includes any such representation;
(b) to publish or cause to be published an advertisement which contains any such representation;
(c) to supply goods bearing, or digital content or a digital service displaying in any form, any such representation;
(d) otherwise to furnish or to cause to be furnished a document including any such representation.
(3) For the purposes of this section, the following shall be treated as a representation to which subsection (1) applies:
(a) a representation to the effect that reimbursement will not be made for goods, digital content, a digital service or a service sold or supplied under a contract to which any of Parts 2 to 4 applies (any such goods, digital content, digital service or service so sold or supplied being referred to in this section as “relevant items”) that are not in conformity with the contract concerned;
(b) a representation to the effect that reimbursement for relevant items that are not in conformity with the contract concerned will be made only in the form of credit notes or gift vouchers;
(c) a representation to the effect that relevant items that are not in conformity with the contract concerned will not be replaced, repaired, remedied or otherwise brought into conformity with the contract concerned; or
(d) a representation that is otherwise likely to be taken as indicating that—
(i) a right or the exercise of a right conferred by any of Parts 2 to 4, or
(ii) an obligation or a liability arising under any of those Parts,
is restricted or excluded otherwise than in accordance with this Act.
(4) In this section, “representation” includes—
(a) any oral, written, visual, descriptive or other representation by a trader, including any commercial communication, marketing or advertising, and
(b) a notice or other document used or relied on by a trader in connection with a contract with a consumer.
Repeals and revocations
8. (1) The Acts specified in column (3) of Part 1 of Schedule 1 are repealed to the extent specified in column (4) of that Part of that Schedule.
(2) The statutory instruments specified in column (3) of Part 2 of Schedule 1 are revoked to the extent specified in column (4) of that Part of that Schedule.
Savings
9. (1) Where, before the day on which section 12 (1) comes into operation, a contract was concluded to which Part 2 would apply if it had been concluded on or after that day—
(a) the Sale of Goods Act, 1893 and the Sale of Goods and Supply of Services Act 1980 shall continue to have effect in relation to the contract as if the amendments made by Part 1 of Schedule 6 had not been made, and
(b) the European Communities (Certain Aspects of the Sale of Consumer Goods and Associated Guarantees) Regulations 2003 ( S.I. No. 11 of 2003 ) shall continue to have effect in relation to the contract notwithstanding the revocation of those Regulations by Part 2 of Schedule 1.
(2) Where, before the day on which section 75 (1) comes into operation, a contract was concluded to which Part 4 would apply if it had been concluded on or after that day, the Sale of Goods and Supply of Services Act 1980 shall continue to have effect in relation to the contract as if the amendments made by Part 1 of Schedule 6 inserting a new section 38A into that Act and amending section 47 of it had not been made.
(3) Where, before the day on which section 97 (1) comes into operation, a contract was concluded to which Part 5 would apply if it had been concluded on or after that day, the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 ( S.I. No. 484 of 2013 ) shall continue to have effect in relation to the contract notwithstanding the revocation of those Regulations by Part 2 of Schedule 1 .
(4) Where, before the day on which section 127 (1) comes into operation, a contract was concluded to which Part 6 would apply if it had been concluded on or after that day, the European Communities (Unfair Terms in Consumer Contracts) Regulations 1995 ( S.I. No. 27 of 1995 ) shall continue to have effect in relation to the contract notwithstanding the revocation of those Regulations by Part 2 of Schedule 1.
(5) Where, but for section 150 (2), the amendment made by section 150 (1) would apply in relation to a hire-purchase agreement, sections 74 to 79 of the Act of 1995 shall continue to have effect in relation to the hire-purchase agreement notwithstanding the repeal of those sections of the Act of 1995 by Part 1 of Schedule 1 .
(6) Where, but for section 151 (2), the amendment made by section 151 (1) would apply in relation to a consumer-hire agreement, section 88 of the Act of 1995 shall continue to have effect in relation to the consumer-hire agreement as if the amendment made by section 151 (1) had not been made.
(7) Where by virtue of this section an enactment continues to have effect in relation to a contract, hire-purchase agreement or consumer-hire agreement, the amendments of enactments made by Parts 9 to 11 and 14 (and any repeal of an enactment by this Act which relates to any of those amendments) shall not have effect in the application of those enactments to the contract or, as the case may be, hire-purchase agreement or consumer-hire agreement.
Passing of risk
35. (1) Where a sales contract is concluded between a trader and a consumer, goods remain at the trader’s risk until the consumer, or a person nominated by the consumer for the purpose, acquires the physical possession of the goods.
(2) Subsection (1) does not apply where the goods are delivered to a carrier who—
(a) was commissioned by the consumer for the purpose of carrying the goods, and
(b) was not proposed by the trader for that purpose.
(3) Where subsection (2) applies, the goods are at the consumer’s risk upon delivery to the carrier.
(4) Subsection (3) is without prejudice to the rights of the consumer against the carrier.
Delivery of goods under sales contract
36. (1) Where a sales contract is concluded between a trader and a consumer, the trader shall deliver the goods to the consumer in accordance with the contract.
(2) Unless the trader and the consumer have agreed otherwise, the trader shall deliver the goods by transferring the physical possession or control of the goods to the consumer without undue delay and in any event not later than 30 days after the conclusion of the sales contract.
(3) If the trader does not deliver the goods—
(a) at the time, or within the period, agreed with the consumer, or
(b) where no such time or period has been agreed between the trader and the consumer, in accordance with subsection (2),
the consumer shall call upon the trader to make the delivery within an additional period that is appropriate in the circumstances.
(4) Subsection (3) does not apply where—
(a) the trader has refused to deliver the goods,
(b) delivery of the goods within the period agreed with the consumer is essential, taking into account all the relevant circumstances at the time of the conclusion of the sales contract, or
(c) the consumer informed the trader at the time of, or before, the conclusion of the sales contract that delivery on or by a specified date was essential.
(5) Where the trader—
(a) has refused to deliver the goods,
(b) fails to deliver the goods within any additional period for delivery applicable under subsection (3), or
(c) fails to deliver the goods—
(i) within the period agreed with the consumer under subsection (4)(b), or
(ii) on or by the date specified by the consumer under subsection (4)(c),
the consumer shall have the right to terminate the sales contract.
(6) Where the consumer has the right to terminate a sales contract under subsection (5) and wishes to exercise that right—
(a) the consumer shall exercise that right in accordance with section 28 , and
(b) the trader shall comply with the obligations in section 30 .
Instalment deliveries
37. (1) Unless otherwise agreed between the consumer and the trader, the consumer is not bound to accept delivery of the goods under a sales contract by instalments.
(2) Subject to subsection (3), if the trader makes a delivery of goods that are not in conformity with the sales contract (referred to in this section as “non-conforming goods”) in respect of one or more instalments, the consumer may—
(a) if there are non-conforming goods in the first instalment of goods delivered under the sales contract, exercise the short-term right to terminate the contract under section 23 (1), or
(b) in any other case, exercise the final right to terminate the contract under section 26 .
(3) The consumer may exercise the right to terminate the sales contract under subsection (2) only in relation to the instalment or instalments in respect of which there are non‑conforming goods unless, after taking all the circumstances into account, it would not be reasonable to expect the consumer to accept and keep only the goods delivered in the instalment or instalments where the goods are in conformity with the sales contract.
(4) Where, in accordance with subsection (3), the consumer is entitled to exercise the right to terminate the sales contract only in relation to an instalment or instalments in respect of which there are non-conforming goods, the consumer shall be entitled to be reimbursed in accordance with section 31 in respect of the non-conforming goods delivered in that instalment (or those instalments) only.
(5) Where the consumer has the right to terminate the sales contract under subsection (2) and wishes to exercise that right—
(a) the consumer shall exercise that right in accordance with section 28 , and
(b) the trader shall comply with the obligations in section 30 .
Right of redress of trader (Part 2)
38. Where the trader is liable to the consumer because of a lack of conformity with the sales contract resulting from an act or omission (including an omission to provide updates to goods with digital elements in accordance with section 18 (4) to (6)) of a person constituting a previous link in the chain of transactions relating to the sales contract, the trader shall be entitled to pursue remedies against the person constituting a previous link in that chain of transactions who is liable for the lack of conformity.
Exclusion or limitation of liability of trader (Part 2)
39. (1) A term of a sales contract or of any other contract between a consumer and a trader shall not exclude or restrict the trader’s liability under any of the following provisions:
(a) section 14 (right to terminate sales contract where trader has no right to sell);
(b) section 15 (goods to be in conformity with sales contract);
(c) section 16 (goods to be free from charge and other encumbrance);
(d) section 17 (subjective requirements for conformity with sales contract);
(e) section 18 (objective requirements for conformity with sales contract);
(f) section 19 (incorrect installation of goods);
(g) section 20 (implied terms of sales contract);
(h) section 21 (liability of trader under sales contract);
(i) section 22 (burden of proof under sales contract);
(j) section 35 (passing of risk);
(k) section 36 (delivery of goods under sales contract);
(l) section 37 (instalment deliveries);
(m) section 46 (rights of recipient of gift);
(n) section 47 (rights of certain users of motor vehicle).
(2) A term of a sales contract or of any other contract between a consumer and a trader which purports to, or has the effect of, excluding or restricting the liability of the trader under any of the provisions specified in subsection (1) shall not be binding on the consumer.
(3) The references in subsections (1) and (2) to excluding or restricting the trader’s liability include a reference to—
(a) excluding or limiting a right or remedy in respect of a liability under a provision specified in subsection (1),
(b) making such a right or remedy, or its enforcement, subject to a restrictive or onerous condition,
(c) allowing a trader to put a consumer at a disadvantage as a result of pursuing such a right or remedy,
(d) excluding or restricting rules of evidence or procedure, or
(e) preventing an obligation arising or limiting its extent.
(4) An agreement in writing to submit present or future disputes to an ADR procedure within the meaning of the European Union (Alternative Dispute Resolution for Consumer Disputes) Regulations 2015 ( S.I. No. 343 of 2015 ) is not to be regarded as excluding or restricting any liability for the purposes of this section.
(5) A trader who contravenes subsection (1) commits an offence.
Chapter 5
Commercial guarantees
Liability for commercial guarantee
40. (1) A commercial guarantee shall be binding on the guarantor under the conditions specified in the commercial guarantee statement and in any associated advertising available at the time of, or before, the conclusion of the sales contract.
(2) Without prejudice to the generality of subsection (1), where a producer offers the consumer a commercial guarantee of durability for specified goods for a specified period of time—
(a) the producer shall be liable directly to the consumer during the entire period of the commercial guarantee of durability for the repair or the replacement of the goods in accordance with section 25 , and
(b) the producer may offer more favourable conditions to the consumer in the commercial guarantee statement on the durability of the goods.
(3) If some or all of the conditions specified in the commercial guarantee statement are less advantageous to the consumer than those specified in the associated advertising, the commercial guarantee shall be binding under the more advantageous conditions specified in the advertising relating to the commercial guarantee, unless, before the conclusion of the sales contract, the associated advertising was corrected to reflect the same, or comparable, conditions to those specified in the commercial guarantee statement.
Liability of trader for other guarantor’s commercial guarantee
41. (1) Where in relation to a sales contract a trader gives a consumer a commercial guarantee provided by another guarantor, the trader shall, unless the trader expressly indicates the contrary when the guarantee is given to the consumer, be liable to the consumer for the observance of that guarantee as if the trader were the guarantor.
(2) Notwithstanding subsection (1), where the trader gives the trader’s own commercial guarantee to a consumer, it shall be presumed, unless the contrary is proved, that the trader is not liable to the consumer under any commercial guarantee from another guarantor which the trader has given to the consumer.
(3) The liability of a trader to a consumer under this section is without prejudice to the rights conferred on the consumer under section 40 .
Liability under commercial guarantee to subsequent consumers
42. Where—
(a) a commercial guarantee is provided to a consumer in relation to goods sold under a sales contract, and
(b) during the period for which the commercial guarantee subsists the goods are acquired by another consumer,
that other consumer shall be entitled to rely on the commercial guarantee against the guarantor under section 40 , or against the trader under section 41 , as if he or she were the consumer to whom the guarantee was provided.
Right of action pursuant to commercial guarantee
43. (1) Without prejudice to section 40 , a consumer may maintain an action against a guarantor, or a person liable for the observance of the guarantor’s guarantee under section 41 , who fails to comply with the terms of a commercial guarantee in relation to a sales contract as if that person had sold the goods to which the sales contract relates to the buyer and had committed a breach of warranty.
(2) Where an action is brought by a consumer under subsection (1), a court may order the guarantor or other person liable for the observance of the guarantee under section 41 to pay damages to the consumer.
(3) In any case in which a producer or trader is liable in damages under subsection (2), the court may, on such terms as the court may deem just, afford the guarantor or other person liable for the observance of the guarantee under section 41 the opportunity of performing the obligations under the guarantee to the satisfaction of the court within such time as may be specified by the court.
Provision and content of commercial guarantee statement
44. (1) Where a commercial guarantee is provided in relation to goods sold under a sales contract, the commercial guarantee statement shall be provided to the consumer on a durable medium no later than the time of delivery of the goods.
(2) The commercial guarantee statement shall be expressed in concise, plain, intelligible language and shall include the following:
(a) a clear statement that the consumer is entitled by law to remedies from the trader free of charge in the event of a lack of conformity of the goods with the sales contract and that those remedies are not affected by the commercial guarantee;
(b) the name and address of the guarantor;
(c) the procedure to be followed by the consumer to obtain the implementation of the commercial guarantee;
(d) the designation of the goods to which the commercial guarantee applies; and
(e) the conditions of the commercial guarantee.
(3) A failure to comply with subsection (1) or (2) shall not affect the binding nature of the commercial guarantee for the guarantor.
Exclusion or limitation of rights of consumer under commercial guarantee
45. (1) A commercial guarantee that is provided in relation to a sales contract shall not—
(a) in any way exclude or limit the rights of the consumer under any enactment (including this Chapter) or rule of law,
(b) impose obligations on the consumer that are additional to his or her obligations under the sales contract, or
(c) purport to make the guarantor or any person acting on the guarantor’s behalf the sole authority to decide whether goods are in conformity with the sales contract or whether the consumer is otherwise entitled to make a claim under the commercial guarantee.
(2) Any provision of a commercial guarantee that is contrary to subsection (1) shall not be binding on the consumer.
(3) A guarantor who gives a commercial guarantee which contravenes subsection (1) commits an offence.
Chapter 6
Other third party rights
Rights of recipient of gift
46. Where a consumer who is a party to a sales contract gives goods acquired under the contract to another consumer as a gift, that other consumer shall be entitled to exercise all rights and remedies under this Part on the same terms as the consumer who is a party to the sales contract.
Rights of certain users of motor vehicle
47. (1) Where—
(a) a consumer purchases a motor vehicle under a sales contract,
(b) the motor vehicle is not in conformity with the sales contract, and
(c) the lack of conformity would render the motor vehicle a danger to the public, including any person travelling in the motor vehicle,
any person who uses the motor vehicle with the consent of the consumer and suffers loss as a result of that lack of conformity may maintain an action for damages in respect of that lack of conformity against the trader who sold the motor vehicle as if he or she were the consumer.
(2) 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 solely by mechanical power or solely by electrical power, whether or not the attachment is being used, and having a maximum design speed of no less than 6 kilometres per hour,
(b) a vehicle the means of propulsion of which is electrical or partly electrical and partly mechanical, and
(c) such other type of vehicle as may be prescribed.
(3) The Minister may make regulations under subsection (2)(c) only where the Minister is satisfied, after consultation with the Minister for Transport and such other persons as he or she considers appropriate, that it is necessary in the interests of consumer protection to do so.##