Guarantees
Sale of Goods and Supply of Services Act
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.