Implied Terms II
Sale of Goods Act
Conditions and Warranties.
Stipulations as to time.
10.—(1) Unless a different intention appears from the terms of the contract, stipulations as to time of payment are not deemed to be of the essence of a contract of sale. Whether any other stipulation as to time is of the essence of the contract or not depends on the terms of the contract.
(2) In a contract of sale “month” means primâ facie calendar month.
F2[
When condition to be treated as warranty.
11.—(1) Where a contract of sale is subject to any condition to be fulfilled by the seller, the buyer may waive the condition, or may elect to treat the breach of such condition as a breach of warranty, and not as a ground for treating the contract as repudiated.
(2) Whether a stipulation in a contract of sale is a condition, the breach of which may give rise to a right to treat the contract as repudiated, or a warranty, the breach of which may give rise to a claim for damages but not to a right to reject the goods and treat the contract as repudiated, depends in each case on the construction of the contract. A stipulation may be a condition, though called a warranty in the contract.
(3) Where a contract of sale is not severable, and the buyer has accepted the goods, or part thereof, the breach of any condition to be fulfilled by the seller can only be treated as a breach of warranty, and not as a ground for rejecting the goods and treating the contract as repudiated, unless there be a term of the contract, express or implied, to that effect.
(4) Nothing in this section shall affect the case of any condition or warranty, fulfilment of which is excused by law by reason of impossibility or otherwise.]
Annotations:
Amendments:
F2
Substituted (31.12.1980) by Sale of Goods and Supply of Services Act 1980 (16/1980), s. 10, commenced as per s. 1(2).
F3[
Implied undertaking as to title, etc.
12.—(1) In every contract of sale, other than one to which subsection (2) applies, there is—
(a) an implied condition on the part of the seller that, in the case of a sale, he has a right to sell the goods and, in the case of an agreement to sell, he will have a right to sell the goods at the time when the property is to pass, and
(b) an implied warranty that the goods are free, and will remain free until the time when the property is to pass, from any charge or encumbrance not disclosed to the buyer before the contract is made and that the buyer will enjoy quiet possession of the goods except so far as it may be disturbed by the owner or other person entitled to the benefit of any charge or encumbrance so disclosed.
(2) In a contract of sale, in the case of which there appears from the contract or is to be inferred from the circumstances of the contract an intention that the seller should transfer only such title as he or a third person may have, there is—
(a) an implied warranty that all charges or encumbrances known to the seller have been disclosed to the buyer before the contract is made, and
(b) an implied warranty that neither—
(i) the seller, nor
(ii) in a case where the parties to the contract intend that the seller should transfer only such title as a third person may have, that person, nor
(iii) anyone claiming through or under the seller or that third person otherwise than under a charge or encumbrance disclosed to the buyer before the contract is made,
will disturb the buyer’s quiet possession of the goods.]
Annotations:
Amendments:
F3
Substituted (31.12.1980) by Sale of Goods and Supply of Services Act 1980 (16/1980), s. 10, commenced as per s. 1(2).
Modifications (not altering text):
C8
Enforcement of section provided for (31.12.1980) by Sale of Goods and Supply of Services Act 1980 (16/1980), s. 11, commenced as per s. 1(2).
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.
F4[
Sale by description.
13.—(1) Where there is a contract for the sale of goods by description, there is an implied condition that the goods shall correspond with the description; and if the sale be by sample as well as by description, it is not sufficient that the bulk of the goods corresponds with the sample if the goods do not also correspond with the description.
(2) A sale of goods shall not be prevented from being a sale by description by reason only that, being exposed for sale, they are selected by the buyer.
(3) A reference to goods on a label or other descriptive matter accompanying goods exposed for sale may constitute or form part of a description.]
Annotations:
Amendments:
F4
Substituted (31.12.1980) by Sale of Goods and Supply of Services Act 1980 (16/1980), s. 10, commenced as per s. 1(2).
Modifications (not altering text):
C9
Enforcement of section provided for (31.12.1980) by Sale of Goods and Supply of Services Act 1980 (16/1980), s. 11, commenced as per s. 1(2).
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.
F5
Implied undertakings as to quality or fitness.
14.—(1) Subject to the provisions of this Act and of any statute in that behalf, there is no implied condition or warranty as to the quality or fitness for any particular purpose of goods supplied under a contract of sale.
(2) Where the seller sells goods in the course of a business there is an implied condition that the goods supplied under the contract are of merchantable quality, except that there is no such condition—
(a) as regards defects specifically drawn to the buyer’s attention before the contract is made, or
(b) if the buyer examines the goods before the contract is made, as regards defects which that examination ought to have revealed.
(3) Goods are of merchantable quality if they are as fit for the purpose or purposes for which goods of that kind are commonly bought and as durable as it is reasonable to expect having regard to any description applied to them, the price (if relevant) and all the other relevant circumstances, and any reference in this Act to unmerchantable goods shall be construed accordingly.
(4) Where the seller sells goods in the course of a business and the buyer, expressly or by implication, makes known to the seller any particular purpose for which the goods are being bought, there is an implied condition that the goods supplied under the contract are reasonably fit for that purpose, whether or not that is a purpose for which such goods are commonly supplied, except where the circumstances show that the buyer does not rely, or that it is unreasonable for him to rely, on the seller’s skill or judgement.
(5) An implied condition or warranty as to quality or fitness for a particular purpose may be annexed to a contract of sale by usage.
(6) The foregoing provisions of this section apply to a sale by a person who in the course of a business is acting as agent for another as they apply to a sale by a principal in the course of a business, except where that other is not selling in the course of a business and either the buyer knows that fact or reasonable steps are taken to bring it to the notice of the buyer before the contract is made.]
Annotations:
Amendments:
F5
Substituted (31.12.1980) by Sale of Goods and Supply of Services Act 1980 (16/1980), s. 10, commenced as per s. 1(2).
Modifications (not altering text):
C10
Enforcement of section provided for (31.12.1980) by Sale of Goods and Supply of Services Act 1980 (16/1980), s. 11, commenced as per s. 1(2).
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.
Sale by Sample.
F6[Sale by sample.
15.—(1) A contract of sale is a contract for sale by sample where there is a term in the contract, express or implied, to that effect.
(2) In the case of a contract for sale by sample—
(a) There is an implied condition that the bulk shall correspond with the sample in quality:
(b) There is an implied condition that the buyer shall have a reasonable opportunity of comparing the bulk with the sample:
(c) There is an implied condition that the goods shall be free from any defect, rendering them unmerchantable, which would not be apparent on reasonable examination of the sample.]
Annotations:
Amendments:
F6
Substituted (31.12.1980) by Sale of Goods and Supply of Services Act 1980 (16/1980), s. 10, commenced as per s. 1(2).
Modifications (not altering text):
C11
Enforcement of section provided for (31.12.1980) by Sale of Goods and Supply of Services Act 1980 (16/1980), s. 11, commenced as per s. 1(2).
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.
Part VI.
Supplementary.
F14[
Exclusion of implied terms and conditions.
55.—(1) Subject to the subsequent provisions of this section, where any right, duty or liability would arise under a contract of sale of goods by implication of law, it may be negatived or varied by express agreement, or by the course of dealing between the parties, or by usage if the usage is such as to bind both parties to the contract.
(2) An express condition or warranty does not negative a condition or warranty implied by this Act unless inconsistent therewith.
(3) In the case of a contract of sale of goods, any term of that or any other contract exempting from all or any of the provisions of section 12 of this Act shall be void.
(4) In the case of a contract of sale of goods, any term of that or any other contract exempting from all or any of the provisions of section 13, 14 or 15 of this Act shall be void where the buyer deals as consumer and shall, in any other case, not be enforceable unless it is shown that it is fair and reasonable.
(5) Subsection (4) shall not prevent the court from holding, in accordance with any rule of law, that a term which purports to exclude or restrict any of the provisions of section 13, 14 or 15 of this Act is not a term of the contract.
(6) Any reference in this section to a term exempting from all or any of the provisions of any section of this Act is a reference to a term which purports to exclude or restrict, or has the effect of excluding or restricting, the operation of all or any of the provisions of that section, or the exercise of a right conferred by any provision of that section, or any liability of the seller for breach of a condition or warranty implied by any provision of that section.
(7) Any reference in this section to a term of a contract includes a reference to a term which although not contained in a contract is incorporated in the contract by another term of the contract.
(8) This section is subject to section 61 (6) of this Act.]
Annotations:
Amendments:
F14
Substituted (31.12.1980) by Sale of Goods and Supply of Services Act 1980 (16/1980), s. 22, commenced as per s. 1(2).
Modifications (not altering text):
C12
Application of section extended (19.05.1997) by European Communities (Contracts For Time Sharing of Immovable Property — Protection of Purchasers) Regulations 1997 (S.I. No. 204 of 1997), reg. 12.
Contracting out of obligation or denial of rights under Regulations not binding
12.— Any clause of a contract whereby a purchaser renounces the purchaser’s freedom or rights under these Regulations or whereby a vendor is freed from the vendor’s responsibilities arising from these Regulations shall not be binding on the purchaser, under conditions as set out in sections 55 of the Sale of Goods Act, 1893, (as inserted by section 22 of the Sale of Goods and Supply of Services Act, 1980), and section 40 (1) of the Sale of Goods and Supply of Services Act, 1980.
C13
Term “fair and reasonable” construed (31.12.1980) by Sale of Goods and Supply of Services Act 1980 (16/1980), s. 2(3), commenced as per s. 1(2).
Interpretation generally.
2.— …
(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.
Schedule
1.— In determining for the purposes of section 13, 31, 40 or 46 of this Act or section 55 of the Act of 1893 (inserted by section 22 of this Act) if a term is fair and reasonable the test is that it shall be a fair and reasonable one to be included having regard to the circumstances which were, or ought reasonably to have been, known to or in contemplation of the parties when the contract was made.
…
C14
Application of subs. (1) restricted (31.12.1980) by Sale of Goods and Supply of Services Act 1980 (16/1980), s. 12(3), commenced as per s. 1(2).
Implied warranty for spare parts and servicing.
12.—…
(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.
C15
Application of subs. (1) restricted (31.12.1980) by Sale of Goods and Supply of Services Act 1980 (16/1980), s. 13(9), commenced as per. s. 1(2).
Implied condition on sale of motor vehicles.
13.— …
(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.
F13[
Remedy for breach of warranty.
53.—(1) Subject to subsection (2), where there is a breach of warranty by the seller, or where the buyer elects, or is compelled, to treat any breach of a condition on the part of the seller as a breach of warranty, the buyer is not by reason only of such breach of warranty entitled to reject the goods, but he may—
(a) set up against the seller the breach of warranty in diminution or extinction of the price, or
(b) maintain an action against the seller for damages for the breach of warranty.
(2) Where—
(a) the buyer deals as consumer and there is a breach of a condition by the seller which, but for this subsection, the buyer would be compelled to treat as a breach of warranty, and
(b) the buyer, promptly upon discovering the breach, makes a request to the seller that he either remedy the breach or replace any goods which are not in conformity with the condition,
then, if the seller refuses to comply with the request or fails to do so within a reasonable time, the buyer is entitled:
(i) to reject the goods and repudiate the contract, or
(ii) to have the defect constituting the breach remedied elsewhere and to maintain an action against the seller for the cost thereby incurred by him.
(3) The onus of proving that the buyer acted with promptness under subsection (2) shall lie on him.
(4) The measure of damages for breach of warranty is the estimated loss directly and naturally resulting, in the ordinary course of events, from the breach of warranty.
(5) In the case of breach of warranty of quality such loss is prima facie the difference between the value of the goods at the time of delivery to the buyer and the value they would have had if they had answered to the warranty.
(6) The fact that the buyer has set up the breach of warranty in diminution or extinction of the price or that the seller has replaced goods or remedied a breach does not of itself prevent the buyer from maintaining an action for the same breach of warranty if he has suffered further damage.]
Annotations:
2013 Regulations
PART 6
Passing of Risk and Delivery in Sales Contracts
Application of Part 6
28. (1) This Part applies to contracts of sale within the meaning of section 1 of the Act of 1893 where the buyer deals as consumer.
(2) In this Part, “deals as consumer” has the meaning given by section 3 of the Act of 1980.
Amendment of section 20 of Act of 1893
29. The following is substituted for section 20 of the Act of 1893:
“Passing of risk
20. (1) Unless otherwise agreed, the goods remain at the seller’s risk until the property therein is transferred to the buyer, but when the property therein is transferred to the buyer, the goods are at the buyer’s risk whether delivery has been made or not.
(2) Where delivery has been delayed through the fault of either buyer or seller, the goods are at the risk of the party in fault as regards any loss which might not have occurred but for such fault.
(3) Subsections (1) and (2) do not apply to a contract of sale where—
(a) the buyer deals as consumer, and
(b) the seller dispatches the goods to the buyer.
(4) Where subsection (3) applies, the goods remain at the seller’s risk until the buyer, or a person indicated by the buyer for this purpose, acquires the physical possession of the goods.
(5) Subsection (4) does not apply where the goods are delivered to a carrier who—
(a) was commissioned by the buyer for the purpose of carrying the goods, and
(b) was not proposed by the seller for that purpose.
(6) Where subsection (5) applies, the goods are at the buyer’s risk upon delivery to the carrier.
(7) Subsection (5) is without prejudice to the rights of the buyer, or the liability of the carrier, in respect of the goods.”.
Amendment of section 29 of Act of 1893
30. Section 29 of the Act of 1893 is amended by inserting the following subsections after subsection (2):
“(2A) Where the buyer deals as consumer—
(a) subsection (2) does not apply, and
(b) subsections (2B) to (2F) apply.
(2B) Unless the parties have agreed otherwise, the seller shall deliver the goods by transferring the physical possession or control of the goods to the buyer without undue delay and not later than 30 days from the conclusion of the contract.
(2C) If the seller does not deliver the goods at the time agreed with the buyer, the buyer may require the seller to make the delivery within an additional period of time appropriate to the circumstances.
(2D) Subsection (2C) does not apply if—
(a) the seller has refused to deliver the goods,
(b) delivery of the goods within the time agreed with the buyer is essential, taking into account all the relevant circumstances at the time of the conclusion of the contract, or
(c) the buyer has informed the seller prior to the conclusion of the contract that delivery on or by a specified date is essential.
(2E) Where the seller—
(a) fails to deliver the goods within any additional period of time for delivery applicable under subsection (2C), or
(b) fails to deliver the goods—
(i) within the time agreed with the buyer under subsection (2D)(b), or
(ii) on or by the date the date specified by the buyer under subsection (2D)(c),
the buyer may treat the failure as a breach of a condition of the contract which entitles the buyer to repudiate the contract.
(2F) If the buyer repudiates the contract in accordance with subsection (2E), the seller shall, without undue delay, reimburse all sums paid under the contract.”.
Consumer Rights Act 2022
Chapter 3
Consumer remedies in sales contracts
Right to remedies under sections 24 and 25
23. (1) Where goods are not in conformity with the sales contract at the relevant time, the consumer shall have the following rights—
(a) the right to exercise the short-term right to terminate the sales contract in accordance with section 24 , and
(b) subject to subsections (2) and (3), the right to have the goods brought into conformity with the contract through repair or replacement in accordance with section 25 .
(2) The consumer may choose between the remedies of repair and replacement of the goods unless the remedy chosen by the consumer—
(a) would be impossible for the trader to carry out, or
(b) compared to the alternative remedy, would impose disproportionate costs on the trader, taking all the circumstances into account, including—
(i) the value that the goods would have if there were no lack of conformity,
(ii) the significance of the lack of conformity, and
(iii) whether the alternative remedy could be provided without significant inconvenience to the consumer.
(3) The trader may refuse to bring the goods into conformity with the sales contract if both repair and replacement—
(a) are impossible for the trader to carry out, or
(b) compared to the alternative remedy, would impose disproportionate costs on the trader, taking all the circumstances into account, including those specified in subsection (2)(b)(i) and (ii).
Short-term right to terminate sales contract
24. (1) This section applies where the consumer has the short-term right to terminate the sales contract under section 23 (1).
(2) Subject to subsection (4), the time limit for exercising the short-term right to terminate the sales contract expires at the end of the period of 30 days beginning with—
(a) where the contract requires the trader to install the goods after their delivery or to take any other action to enable the consumer to use the goods, the completion of that installation or other action, or
(b) in any other case, the relevant time.
(3) Subsection (2) does not prevent a consumer who has a right to terminate the sales contract from terminating it before the completion of the installation or other action or, as the case may be, the relevant time.
(4) Where the goods are of a kind that can reasonably be expected to expire or deteriorate within a shorter period than 30 days, the time limit for exercising the short-term right to terminate the sales contract shall be the expiry of that shorter period.
(5) In case of dispute, it shall be for the trader to show that a shorter period than 30 days applies to the consumer’s right to terminate the sales contract under subsection (4).
(6) Where the consumer has the right to terminate the sales contract under this section 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 .
Repair or replacement of goods
25. (1) This section applies where goods are to be brought into conformity with the sales contract by repair or replacement.
(2) The trader shall ensure that the repair or replacement of the goods is carried out—
(a) free of charge,
(b) within a reasonable time after being informed by the consumer of the lack of conformity with the sales contract, and
(c) without significant inconvenience to the consumer, taking into account the nature of the goods and the purpose for which the consumer required the goods.
(3) Subject to any provision made by regulations under subsection (8), the reasonable time for completing the repair or replacement of the goods under subsection (2)(b) shall correspond to the shortest possible time necessary for completing the repair or replacement and shall be objectively determined having regard to—
(a) the nature and complexity of the goods,
(b) the nature and severity of the lack of conformity with the sales contract, and
(c) the effort needed to complete the repair or replacement.
(4) The consumer shall make the goods to be remedied by repair or replacement available to the trader.
(5) The trader shall take back the replaced goods and the goods to be repaired at the trader’s expense.
(6) Where a repair requires the removal of goods that had been installed in a manner consistent with their nature and purpose before the lack of conformity with the sales contract became apparent, or where such goods are to be replaced, the trader’s obligation to repair or replace the goods shall include—
(a) the removal of the goods that are not in conformity with the sales contract and the installation of replacement goods or repaired goods, or
(b) bearing the costs of that removal and installation.
(7) The consumer shall not be liable to pay for the normal use of the replaced goods during the period prior to their replacement.
(8) The Minister may—
(a) where he or she is satisfied that such regulations would be in the interests of consumer protection and fair competition, and
(b) after consultation with such persons as the Minister considers appropriate,
by regulations specify the period in relation to a specific category of goods that is to be generally regarded as “reasonable” for the repair or replacement of that category of goods for the purposes of subsections (2)(b) and (3).
Right to proportionate reduction in price or final termination of sales contract
26. (1) This section applies where—
(a) the consumer has exercised his or her right under section 23 (1)(b) and—
(i) the trader has refused to bring the goods into conformity with the sales contract in accordance with section 23 (3), or
(ii) the trader has not completed the repair or the replacement of the goods or, where applicable, has not completed the repair or replacement in accordance with section 25 ,
(b) the same or a different lack of conformity of the goods with the sales contract becomes apparent despite the trader having attempted to bring the goods into conformity with the sales contract,
(c) the lack of conformity of the goods with the sales contract is of such a serious nature as to justify an immediate reduction in the price or the termination of the sales contract, or
(d) the trader has declared, or it is clear from the circumstances, that the trader will not bring the goods into conformity with the sales contract within a reasonable time or without significant inconvenience to the consumer.
(2) Subject to subsections (5) and (7), the consumer shall have—
(a) the right to a proportionate reduction in the price in accordance with section 27 , or
(b) subject to subsection (3), the right to exercise the final right to terminate the sales contract in accordance with section 28 .
(3) The consumer shall not have the right to exercise the final right to terminate the sales contract under subsection (2)(b) if the lack of conformity of the goods with the sales contract is minor.
(4) In case of dispute, it shall be for the trader to show that the lack of conformity of the goods is minor.
(5) Where subsection (1)(b) applies, it shall be objectively determined, taking all the circumstances into account (including the matters mentioned in subsection (6)), whether the consumer—
(a) shall have the right specified in paragraph (a) or (b) of subsection (2), or
(b) shall be required to accept a further attempt or attempts by the trader to bring the goods into conformity with the sales contract.
(6) The matters referred to in subsection (5) are—
(a) the type and value of the goods,
(b) the nature and significance of the lack of conformity of the goods with the sales contract, and
(c) whether the consumer can reasonably be expected to maintain confidence in the ability of the trader to bring the goods into conformity with the sales contract, in particular where the same lack of conformity appears more than once.
(7) For the purposes of subsection (1)(c), it shall be objectively determined, having regard to the nature and severity of the lack of conformity of the goods with the sales contract (including the matters mentioned in subsection (8)), whether that lack of conformity is of such a serious nature as to justify the application of subsection (2).
(8) The matters referred to in subsection (7) are whether the lack of conformity with the sales contract is such that—
(a) the consumer cannot maintain confidence in the ability of the trader to bring the goods into conformity with the sales contract,
(b) the ability of the consumer to make normal use of the goods is severely affected and the consumer cannot reasonably be expected to trust that this would be remedied by repair or replacement by the trader.
(9) Where the consumer is entitled to exercise the right conferred by subsection (2)(b) by virtue of some (but not all) of the goods to which the sales contract relates not being in conformity with the sales contract, the consumer may exercise that right only in relation to—
(a) the goods that are not in conformity with the sales contract, and
(b) any other goods that the consumer acquired with the goods that are not in conformity with the sales contract, if the consumer cannot reasonably be expected to keep only the goods that are in conformity with the sales contract.
Price reduction: sales contract
27. (1) This section applies where the consumer has the right under section 26 (2)(a) to a proportionate reduction in the price.
(2) The right of the consumer under this section is the right—
(a) to require the trader to reduce in accordance with subsection (3) the price the consumer is required to pay under the sales contract, or
(b) to receive from the trader a reimbursement of the price paid by the consumer in excess of the amount of the reduction applicable under subsection (3).
(3) The reduction in the price shall be proportionate to the decrease in the value of the goods received by the consumer compared with the value that the goods would have if they were in conformity with the sales contract.
(4) Where the consumer has the right to reimbursement under subsection (2)(b), the trader shall reimburse the consumer in accordance with section 31 .
(5) In a sales contract where the consumer transfers the ownership of goods to the trader in full or part payment of the price, the right of the consumer to a proportionate reduction in the price shall not apply if—
(a) no agreed monetary value was ascribed by the parties to the goods to be transferred by the consumer at the time the sales contract was concluded, or
(b) the goods which the consumer has transferred, or is required to transfer, under the sales contract cannot be divided up so as to enable the trader to receive or retain only the reduced price.
Obligations of consumer in event of termination of sales contract
28. (1) This section applies where the consumer exercises any of the following rights—
(a) the right to terminate a sales contract under section 14 (2) or 36 (5),
(b) the short-term right to terminate a sales contract under section 23 (1) or 37 (2), or
(c) the final right to terminate a sales contract under section 26 (2)(b) or 37 (2)(b).
(2) The consumer shall—
(a) terminate the sales contract by means of a statement to the trader expressing the decision to terminate the sales contract, and
(b) return the goods delivered under the sales contract to the trader at the trader’s expense.
(3) If a consumer fails to comply with an obligation imposed by subsection (2), he or she shall be liable in damages for any loss or damage suffered by the trader as a result of the failure.
Remedies where contract also provides for supply of digital content etc.
29. (1) This section applies where goods are sold to a consumer under a contract that provides also for the supply of digital content, a digital service or a service.
(2) Where the conditions in subsection (3) are met, the consumer shall have the right—
(a) to terminate the contract, or
(b) to obtain a proportionate reduction in the price payable under the contract.
(3) The conditions referred to in subsection (2) are the following:
(a) if the contract were a contract for the sale of goods only, the consumer would have the right under section 26 to obtain a proportionate reduction in the price or to terminate the contract;
(b) the value of the digital content, digital service or service to the consumer would be materially reduced in the absence of the goods.
(4) In objectively determining whether the value of the digital content, digital service or service to the consumer would be materially reduced in the absence of the goods for the purposes of subsection (3)(b), all the circumstances shall be taken into account, including—
(a) the nature and purpose of the contract,
(b) the relative value of the different elements of the contract, and
(c) the nature and degree of the inter-dependence of the different elements of the contract.
(5) Where the consumer exercises the right to terminate the contract under subsection (2)—
(a) the consumer shall comply with the obligations in section 28 (2), and
(b) the trader with whom the consumer has that contract shall comply with the obligations in section 30 .
(6) Subsection (3) shall not apply to a contract for terminal equipment and a bundle of services which falls within the scope of Article 107 of Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 20185 establishing the European Electronic Communications Code (Recast).
Obligations of trader where sales contract terminated
30. (1) This section applies where the consumer exercises—
(a) the right to terminate a sales contract under section 14 (2) or 36 (5),
(b) the short-term right to terminate a sales contract under section 23 (1) or 37 (2)(a), or
(c) the final right to terminate a sales contract under section 26 (2)(b) or 37 (2)(b).
(2) The trader shall upon receipt of the goods or, if the trader so chooses, of evidence provided by the consumer of having returned the goods, reimburse the consumer in accordance with section 31 for—
(a) the price paid for the goods, and
(b) any costs incurred by the consumer in returning the goods to the trader.
(3) Where the consumer exercises the final right to terminate the sales contract under section 26 (2)(b) or 37 (2)(b), the reimbursement of the price to which the consumer is entitled under subsection (2) may be reduced in proportion to any depreciation in the value of the goods in excess of the depreciation that could reasonably be expected to result from their normal use.
(4) In case of dispute as to the application of subsection (3), it shall be for the trader to show that the depreciation in the value of the goods exceeded that which could reasonably be expected to result from their normal use.
(5) Where the consumer terminates a conditional sales contract within the meaning of section 11 before the price of the goods has been paid in full, the reimbursement of the price to which the consumer is entitled under subsection (2) shall be limited to that part of the price for the goods which has been paid by the consumer.
(6) Subject to subsection (7), in a sales contract where the consumer transfers the ownership of goods to the trader in full or part payment of the price, the trader shall—
(a) return those goods to the consumer, and
(b) reimburse in accordance with section 31 any price paid by the consumer.
(7) If the trader cannot return the goods to the consumer as required by subsection (6), the trader shall reimburse the consumer—
(a) to the agreed monetary value ascribed to the goods by the parties at the time the sales contract was concluded, or
(b) where no such monetary value was agreed, with a sum that is a reasonable and objectively justified exchange value of the goods at the time the sales contract was concluded.
Time limits and means of reimbursement by trader: sales contract
31. (1) This section applies where the consumer has the right under section 27 (4), 30 (2) or (7) or 37 (4) to be reimbursed by the trader.
(2) The trader shall reimburse the consumer—
(a) without undue delay and in any event not later than 14 days after the date on which the trader received—
(i) the goods back, or
(ii) if the trader so chooses, evidence provided by the consumer of having returned the goods,
(b) using the same means of payment as the consumer used to pay for the goods, unless the consumer expressly agrees otherwise and provided that the consumer does not incur any fees as a result of such reimbursement, and
(c) without the imposition of any fee on the consumer in respect of the reimbursement.
(3) If a trader fails to comply with an obligation imposed by subsection (2), the trader shall be liable in damages for any loss or damage suffered by the consumer as a result of the failure.
General right to withhold payment: sales contract
32. (1) Subject to subsection (2), where the trader fails to comply with the obligation to deliver goods that are in conformity with the sales contract at the relevant time, the consumer shall have the right to withhold payment of any outstanding part of the price until the trader has fulfilled the trader’s obligation to deliver goods that are in conformity with the sales contract.
(2) The part of the price withheld by the consumer under subsection (1) shall be proportionate to the decrease in the value of the goods received by the consumer compared with the value that the goods would have if they were in conformity with the contract.
(3) The consumer shall exercise the right to withhold payment under subsection (1) by means of a statement to the trader expressing the consumer’s decision to withhold payment until the trader has fulfilled the trader’s obligation to deliver goods that are in conformity with the sales contract.
Effect of termination of sales contract on ancillary contract
33. (1) Where a consumer terminates a sales contract in accordance with section 28 , any ancillary contract shall be automatically terminated without any cost to the consumer.
(2) When a trader is informed by a consumer in accordance with section 28 of the consumer’s decision to terminate a sales contract, the trader shall inform any other trader with whom the consumer has an ancillary contract of its termination by subsection (1).
(3) Where an ancillary contract is terminated by subsection (1)—
(a) the trader with whom the consumer has that contract shall comply with the obligations in section 30 , and
(b) the consumer shall comply with the obligation in section 28 (1)(b).
(4) Where any security has been provided under an ancillary contract that is terminated by subsection (1), it is to be treated as never having had effect and any property lodged with the trader or any other person (a “third party”) solely for the purposes of that security shall be returned immediately by the trader or third party.
(5) In this section, “ancillary contract”, in relation to a sales contract concluded between a consumer and a trader (in this subsection referred to as the “principal contract”), means another contract concluded between that consumer and that trader, or that consumer and a third party, under which—
(a) the trader, or
(b) in pursuance of arrangements made between the trader and a third party, the third party,
supplies to the consumer goods, digital content, a digital service or a service related to the principal contract.
Consumer’s right to pursue other remedies
34. (1) The remedies provided for in this Chapter and Chapter 4 of this Part do not affect the right of the consumer to pursue other remedies (without recovering twice for the same loss) where goods are not in conformity with the sales contract or the trader otherwise fails to comply with the requirements of this Part.
(2) The other remedies referred to in subsection (1) include in particular any of the following remedies that may be available to the consumer—
(a) claiming damages,
(b) relying on the lack of conformity with the sales contract against a claim under the sales contract by the trader for payment of the price,
(c) seeking to recover money paid to the trader for goods that do not comply with the requirements of this Part,
(d) having a lack of conformity of the goods with the sales contract remedied elsewhere and recovering from the trader all reasonable costs incurred in having the lack of conformity so remedied, or
(e) an order for specific performance under section 52 of the Sale of Goods Act, 1893 in an action for breach of contract to deliver specific or ascertained goods.
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.