Scope
Sale of Goods and Supply of Services Act
REVISED
Updated to 16 May 2017
AN ACT TO AMEND THE LAW RELATING TO THE SALE OF GOODS, HIRE-PURCHASE AGREEMENTS AND CONTRACTS FOR THE SUPPLY OF SERVICES AND TO PROVIDE FOR RELATED MATTERS. [30 th June, 1980]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Annotations:
Modifications (not altering text):
C1
Transfer of functions of Director of Consumer Affairs to National Consumer Agency effected (1.05.2007, establishment date) by Consumer Protection Act 2007 (19/2007), s. 37 and sch. 1, effectively commenced by Establishment Day Order S.I. No. 179 of 2007.
Transfer of functions to Agency.
37.— (1) The administration and business in connection with the exercise, performance or execution of any of the functions transferred by subsection (2) are transferred to the Agency on the establishment day.
C2
Relationship between Act and European Communities (Certain Aspects of the Sale of Consumer Goods and Associated Guarantees) Regulations 2003 explained (22.01.2003) by European Communities (Certain Aspects of the Sale of Consumer Goods and Associated Guarantees) Regulations 2003 (S.I. No. 11 of 2003), reg. 3.
Relationship between Regulations and consumer protection enactments.
3. (1) Subject to paragraphs (3) and (4), these Regulations are in addition to, and not in substitution for, any other enactment relating to the sale of goods or the terms of contracts concluded with consumers, and in particular —
(a) the Sale of Goods and Supply of Services Acts 1893 and 1980,
and
(b) the European Communities (Unfair Terms in Consumer Contracts) Regulations 1995 (S.I. No. 27 of 1995).
(2) In particular, Regulation 4 is in addition to, and not in substitution for, a provision of any other enactment that provides that a consumer shall not be deprived, by virtue of a choice of the kind mentioned in that Regulation, of the protection afforded by any enactment.
(3) In a case where the level of protection for the consumer afforded by a particular provision of these Regulations is greater than that afforded by a particular provision of another enactment, or to the extent that the invocation of a latter such provision by the consumer would diminish the first-mentioned level of protection for him or her —
(a) the consumer may opt to invoke the particular provision of these Regulations to the exclusion of the other provision, and
(b) the other provision may be invoked, and shall be construed and operate so as to be capable of being invoked, by the consumer in a manner that does not diminish the first-mentioned level of protection for him or her,
but nothing in this paragraph operates to extend the application of these Regulations to a person who is not a consumer within the meaning of these Regulations or to goods that are not consumer goods within the meaning of these Regulations.
(4) In a case where the level of protection for the consumer afforded by a particular provision of any other enactment is greater than that afforded by a particular provision of these Regulations, or to the extent that the invocation of a latter such provision by the consumer would diminish the first-mentioned level of protection for him or her —
(a) the consumer may opt to invoke the particular provision of that other enactment to the exclusion of the other provision of these Regulations, and
(b) that other provision of these Regulations may be invoked, and shall be construed and operate so as to be capable of being invoked, by the consumer in a manner that does not diminish the first-mentioned level of protection for him or her,
but nothing in this paragraph operates to afford to any person the protection of that provision of the other enactment in any case where it would not otherwise be so afforded.
C3
Application of Act not restricted (13.05.1996) by Consumer Credit Act 1995 (24/1995), s. 42(1), S.I. No. 121 of 1996.
Liability regarding goods and services.
42.—(1) The existence of a credit agreement shall not in any way affect the rights of the consumer under the Act of 1980 against the supplier of goods or services purchased by means of such an agreement in cases where the goods or services are not supplied or are otherwise not in conformity with the contract for their supply.
…
C4
Application of Act confirmed (8.12.1994) by European Communities (Life Assurance) Framework Regulations 1994 (S.I. No. 360 of 1994), reg. 43(b).
General good requirements.
43.— In conformity with the general good in accordance with the laws of the European Communities, an insurance undertaking shall, in particular, comply with the following criteria—
…
( b ) the provisions of the Sale of Goods and Supply of Services Act, 1980, applicable to insurance contracts and the marketing and selling of insurance products;
…
C5
Application of Act confirmed (8.12.1994) by European Communities (Non-Life Insurance) Framework Regulations 1994 (S.I. No. 359 of 1994), reg. 24(d).
General Good Requirements.
24.— In conformity with the general good in accordance with the law of the European Communities, an insurance undertaking shall, in particular, comply with the following criteria—
…
( d ) the provisions of the Sale of Goods and Supply of Service Act, 1980, applicable to insurance contracts and the marketing and selling of insurance products,
…
C6
Application of Act restricted (1.05.1991) by International Carriage of Goods by Road Act 1990 (13/1990), s. 3(3), S.I. No. 22 of 1991 (commenced in relation to carriage other than carriage between the State and the United Kingdom of Great Britain and Northern Ireland).
Application of certain enactments in relation to CMR.
3. —…
(3) The Carriers Act, 1830, section 7 of the Railway and Canal Traffic Act, 1854, the Sale of Goods Act, 1893, and the Sale of Goods and Supply of Services Act, 1980, shall not apply in relation to contracts for the carriage of goods if the carriage is carriage in relation to which CMR applies.
…
C7
Application of Act affected (9.07.1980) by Trading Stamps Act 1980 (23/1980), s. 8, commenced on enactment.
Application of Sale of Goods Act, 1893, and Sale of Goods and Supply of Services Act, 1980.
8.— (1) For the purposes of the Sale of Goods Act, 1893, and the Sale of Goods and Supply of Services Act, 1980, the publication by a company which is the promoter of a trading stamp scheme of a catalogue shall be regarded as an offer, and the tender within the prescribed period of validity of the appropriate number of stamps shall be regarded as an acceptance, in the same way as if the offer and the acceptance were for a monetary consideration.
(2) The provisions of the Sale of Goods Act, 1893, and of the Sale of Goods and Supply of Services Act, 1980, shall apply in every case where the promoter of a trading stamp scheme offers goods or services in exchange for trading stamps.
(3) Where a person other than a promoter of a trading stamp scheme offers goods or services in exchange for trading stamps, the provisions of the Sale of Goods Act, 1893, and of the Sale of Goods and Supply of Services Act, 1980, shall apply in the same way as if that exchange were for a monetary consideration.
Editorial Notes:
E1
Power granted to Minister, in determining whether a road transport operator has satisfied or continues to satisfy the requirement of good repute, to consider whether the operator or a person holding a specified position with the operator has, within the previous 10 years, been convicted of an offence under Act (4.12.2011) by European Union (Occupation of Road Transport Operator) Regulations 2011 (S.I. No. 697 of 2011), reg. 6 and sch.
E2
Obligation imposed on persons who hold a specified position with a road transport operator and who is or has been convicted of an offence under Act to inform the operator in writing of the fact of the conviction (4.12.2011) by European Union (Occupation of Road Transport Operator) Regulations 2011 (S.I. No. 697 of 2011), reg. 8.
E3
Enforcement of Act provided for (1.05.2007) by Consumer Protection Act 2007 (19/2007), s. 73(8) and sch. 4 (written undertaking to comply or to refrain from act or practice, compensate, reimburse or return item, or publish advertisement containing a corrective statement) and s. 75(2) and sch. 5 (service of compliance notice by authorised officer), S.I. No. 178 of 2007. Note that the Consumer Protection Act 2007, s. 86 (publication of traders’ names, consumer protection list) also applies to these forms of enforcement, and s. 94 gives the Central Bank and Financial Services Authority functions in respect of, among other provisions, ss. 73, 75 and 86 of the 2007 Act.
E4
Obligation imposed on applicant of a tour operator licence to disclose any prosecutions against the applicant or any director, shadow director, shareholder or partner under Act and the outcome of any such prosecutions (1.07.1993) by Tour Operators (Licensing) Regulations 1993 (S.I. No. 182 of 1993), reg. 6(a) and sch. 1, in effect as per reg. 2.
E5
Obligation imposed on applicant of a travel agent’s licence to disclose any prosecutions against the applicant or any director, shadow director, shareholder or partner under Act and the outcome of any such prosecutions (1.07.1993) by Travel Agents (Licensing) Regulations 1993 (S.I. No. 183 of 1993), reg. 6(a) and sch. 1, in effect as per reg. 2.
E6
Previous affecting provision: obligation imposed on applicant of a tour operator licence to disclose any prosecutions against the applicant or any director, shadow director, shareholder or partner under Act and the outcome of any such prosecutions (13.04.1983) by Tour Operators (Licensing) Regulations 1983 (S.I. No. 100 of 1983), reg. 6(a) and sch. 1, in effect as per reg. 2; as amended (2.07.1987) by Tour Operators (Licensing) (Amendment) Regulations 1987 (S.I. No. 175 of 1987), in effect as per reg. 2, and (1.07.1992) by Tour Operators (Licensing) (Amendment) Regulations 1992 (S.I. No. 176 of 1992), in effect as per reg. 2; subsequently revoked (1.07.1993) by Tour Operators (Licensing) Regulations 1993 (S.I. No. 182 of 1993), reg. 17, in effect as per reg. 2.
E7
Previous affecting provision: obligation imposed on applicant of a travel agent’s licence to disclose any prosecutions against the applicant or any director, shadow director, shareholder or partner under Act and the outcome of any such prosecutions (13.04.1983) by Travel Agents (Licensing) Regulations 1983 (S.I. No. 101 of 1983), reg. 6(a) and sch. 1, in effect as per reg. 2; as amended (2.07.1987) by Travel Agents (Licensing) (Amendment) Regulations 1987 (S.I. No. 176 of 1987), in effect as per reg. 2, and (1.07.1992) by Travel Agents (Licensing) (Amendment) Regulations 1992 (S.I. No. 175 of 1992), in effect as per reg. 2; subsequently revoked (1.07.1993) by Travel Agents (Licensing) Regulations 1993 (S.I. No. 183 of 1993), reg. 17, in effect as per reg. 2.
PART I
Preliminary and General
Short title.
1.— (1) This Act may be cited as the Sale of Goods and Supply of Services Act, 1980.
(2) This Act shall come into operation six months after the date of its passing.
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.
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.
Conflict of laws.
55A.—Where the proper law of a contract of sale of goods would, apart from a term that it should be the law of some other country or a term to the like effect, be the law of Ireland or where any such contract contains a term which purports to substitute, or has the effect of substituting, provisions of the law of some other country for all or any of the provisions of sections 12 to 15 and 55 of this Act, those sections shall, notwithstanding that term but subject to section 61 (6) of this Act, apply to the contract.
International sales.
24.— In section 61 of the Act of 1893 (Savings) there shall be inserted after subsection (5) thereof the following subsection—
“(6) ( a) Nothing in section 55 or 55A of this Act shall prevent the parties to a contract for the international sale of goods from negativing or varying any right, duty or liability which would otherwise arise by implication of law under sections 12 to 15 of this Act.
( b) In this subsection ‘ contract for the international sale of goods’ means a contract of sale of goods made by parties whose places of business (or, if they have none, habitual residences) are in the territories of different States and in the case of which one of the following conditions is satisfied:
(i) the contract involves the sale of goods which are at the time of the conclusion of the contract in the course of carriage or will be carried from the territory of one State to the territory of another; or
(ii) the acts constituting the offer and acceptance have been effected in the territories of different States; or
(iii) delivery of the goods is to be made in the territory of a State other than that within whose territory the acts constituting the offer and the acceptance have been effected.”.
Unsolicited goods.
47.— (1) Where—
( a) unsolicited goods are sent to a person with a view to his acquiring them and are received by him, and
( b) the recipient has neither agreed to acquire nor agreed to return them,
and either—
(i) during the period of six months following the date of receipt of the goods the sender did not take possession of them and the recipient did not unreasonably refuse to permit the sender to do so, or
(ii) not less than 30 days before the expiration of that period the recipient gave notice to the sender and during the following 30 days the sender did not take possession of the goods and the recipient did not unreasonably refuse to permit the sender to do so,
then the recipient may treat the goods as if they were an unconditional gift to him and any right of the sender to the goods shall be extinguished.
(2) The notice referred to in subsection (1) shall be in writing and shall state—
( a) the recipient’s name and address and the address at which the sender may take possession of the goods (if not the same) and
( b) that the goods are unsolicited.
(3) A person who, not having reasonable cause to believe there is a right to payment, in the course of any business, makes a demand for payment, or asserts a present or prospective right to payment for what he knows are unsolicited goods sent to another person with a view to his acquiring them, shall be guilty of an offence.
(4) A person who, not having reasonable cause to believe there is a right to payment in the course of any business and with a view to obtaining any payment for what he knows or ought to know are unsolicited goods—
( a) threatens to bring any legal proceedings,
( b) places or causes to be placed the name of any person on a list of defaulters or debtors or threatens to do so, or
( c) invokes or causes to be invoked any other collection procedure or threatens to do so,
shall be guilty of an offence.
(5) In this section—
“ acquire” includes hire,
“ send” includes deliver,
“ sender” includes any person on whose behalf or with whose consent the goods are sent and any other person claiming through or under the sender or any such person,
“ unsolicited” means, in relation to goods sent to any person, that they are sent without any prior request by him or on his behalf.
F21 [ (6) Where unsolicited goods are supplied, or unsolicited services are provided, by a trader to a consumer —
( a ) subsections (1) to (5) do not apply, and
( b ) subsections (7) to (10) apply.
(7) The consumer is exempted from any requirement to provide consideration for unsolicited goods or services supplied by the trader.
(8) The absence of a response from the consumer following the supply of unsolicited goods or the provision of unsolicited services does not constitute consent to —
( a ) the provision of consideration for the goods or services, or
( b ) the return or safekeeping of the goods.
(9) In the case of an unsolicited supply of goods, the consumer may treat the goods as if they were an unconditional gift.
(10) The following definitions apply for the purposes of subsections (6) to (9) :
consumer means a natural person who is acting for purposes which are outside the person ’ s trade, business, craft or profession;
services includes, without limitation —
( a ) digital content not supplied on a tangible medium,
( b ) water, gas, and electricity not put up for sale in a fixed volume or set quantity, and
( c ) district heating;
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 related to the person ’ s trade, business, craft or profession, and includes any person acting in the name, or on behalf, of the trader;
unsolicited, in relation to goods supplied or services provided to a consumer, means that they are supplied or provided without any request by or on behalf of the consumer. ]
Annotations:
Amendments:
F21
Inserted (13.06.2014) by European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 (S.I. No. 484 of 2013), reg. 32.
Editorial Notes:
E10
The European Communities (Protection of Consumers in Respect of Contracts Made by Means of Distance Communications) Regulations 2001 (S.I. No. 207 of 2001), reg. 11 (as qualified by reg. 9(5)), contains provisions based on subss. (3) and (4) and uses the same definitions of “service” and “unsolicited”.
Directory entries.
48.— (1) A person shall not be liable for any payment and shall be entitled to recover any payment made by him by way of charge for including or arranging for the inclusion in a directory of an entry relating to that person or his trade or business, unless an order or note complying with this section has been signed by him or on his behalf and, in the case of a note of agreement to the charge, a copy was supplied to him for retention before the note was signed.
(2) An order for an entry in a directory must be made by means of an order form or other stationery belonging to the person to whom, or to whose trade or business, the entry is to relate and bearing in print the name and address (or one or more of the addresses) of that person, and the note of a person’s agreement to a charge must state the amount of the charge immediately above the place for signature, and
( a) must identify the directory or proposed directory and state—
(i) the proposed date of publication of the directory or of the issue in which the entry is to be included and the name and address of the person producing it,
(ii) if the directory or that issue is to be put on sale, the price at which it is to be offered for sale and the minimum number of copies which are to be available for sale, and
(iii) if the directory or that issue is to be distributed free (whether or not it is also to be put on sale) the minimum number of copies which are to be distributed and
( b) must give reasonable particulars of the entry in respect of which the charge would be payable.
(3) A person shall be guilty of an offence if he demands payment, or asserts a present or prospective right to payment, of a charge referred to in subsection (1), or takes any action in furtherance of a demand for payment, without knowing or having reasonable cause to believe that the entry to which the charge relates was ordered in accordance with this section or that a proper note of agreement has been duly signed.
(4) In this section “ directory” does not include the alphabetical F22 [ directories ] issued by the F22 [ Bord Telecom É ireann ].
Annotations:
Amendments:
F22
Substituted (1.01.1984) by Postal and Telecommunications Services Act 1983 (24/1983), s.8 (1) and sch. 4 pt. 1, S.I. No. 407 of 1983 (vesting day).
Invoices.
49.— (1) For the purposes of sections 47 (3) and 48 (3), any invoice or similar document, indicating a sum of money as if it were due, shall be regarded as asserting a right to payment.
(2) The Minister may by order require that any invoice or similar document stating the amount of any payment shall bear a statement, in a prescribed manner and of a specified minimum size, that no claim is made to the payment.
(3) A person who issues an invoice or similar document which does not comply with the requirements of an order under subsection (2) shall be guilty of an offence.
Power to withdraw acceptance of contract.
50.— F23 [ … ]
Required particulars in contracts, guarantees and related writings.
51.— (1) The Minister may, by order, following such consultation as he considers necessary, require that a seller of a specified class of goods or a supplier of a specified class of service shall include such particulars as are specified in the order in any specified class of contract or in any guarantee, notice or other writing in relation to such contract.
(2) A person who contravenes an order under subsection (1) shall be guilty of an offence.
Notices as to use of standard form of contract.
52.— (1) The Minister may by order require, in relation to any person acting in the course of a business carried on by him who makes use of a standard form of contract (being a contract for the sale of goods, a hire-purchase agreement, an agreement for the letting of goods or a contract for the supply of a service), that he shall give such notice to the public as the order may specify as to his use of such standard form and as to whether he is or is not willing to contract on any other terms.
(2) A person who contravenes an order under subsection (1) shall be guilty of an offence.
Size of type in printed contracts and other documents.
53.— (1) The Minister may by order prohibit, in relation to goods or services generally or in relation to any specified class of goods or services, any seller of such goods or supplier of such services in the course of a business from making use of any printed contract, guarantee or other specified class of document unless it is printed in type of at least such size as the order prescribes.
(2) In subsection (1) references to printing include type-writing, lithography, photography and other modes of representing or reproducing words in visible form.
(3) A person who contravenes an order under subsection (1) shall be guilty of an offence.
Contracts required to be in writing.
54.— The Minister may by order provide, in relation to goods or services of a class described in the order, that a contract (being a contract for the sale of goods, an agreement for the letting of goods, otherwise than under a hire-purchase agreement F24 [ or a consumer-hire agreement ] , or a contract for the supply of a service) shall, where the buyer, hirer or recipient of the service deals as consumer, be in writing and any contract of such class which is not in writing shall not be enforceable against the buyer or hirer or the recipient of the service.
Annotations:
Amendments:
F24
Inserted (13.05.1996) by Consumer Credit Act 1995 (24/1995), s. 152(c), S.I. No. 121 of 1996.
Functions of Director of Consumer Affairs.
F25 [ 55. — (1) The Director of Consumer Affairs and Fair Trade shall have the following additional functions —
( a ) to keep under general review practices or proposed practices in relation to any of the obligations imposed on persons by any provision of this Act or the Act of 1893,
( b ) to carry out examinations of any such practices or proposed practices where the Director considers that, in the public interest, such examinations are proper or the Minister so requests,
( c ) to request persons engaging in or proposing to engage in such practices as are, or are likely to be, contrary to the obligations imposed on them by any provision of this Act or the Act of 1893 to discontinue or refrain from such practices,
( d ) to institute proceedings in the High Court for orders requiring persons engaging or proposing to engage in any practices as are, or are likely to be, contrary to the obligations imposed on them by any provision of this Act or the Act of 1893, to discontinue or refrain from such practices.
(2) The Minister may by order confer on the Director of Consumer Affairs and Fair Trade such further functions as he considers appropriate for the purposes of this Act. ]
Annotations:
Amendments:
F25
Substituted (25.01.1988) by Restrictive Practices (Amendment) Act 1987 (31/1987), s. 32, S.I. No. 2 of 1988.
Editorial Notes:
E11
The Consumer Protection Act 2007 (19/2007), s. 37(3), establishing the National Consumer Agency on 1 May 2007 by S.I. No. 179 of 2007, provides that references to the Director and the office of the Director contained in any Act or instrument relating to any functions transferred by subsection (2) of the same section shall, on and after the establishment day, be read as references to the National Consumer Agency. Note also the statement of the functions of the Agency in s. 8 of the 2007 Act.
Consultation with Minister for Finance.
56.— The Minister shall not make an order under section 51, 52, 53, 54 or 55, except after consultation with the Minister for Finance, where the order would affect the business authorised by a licence to carry on banking business for the time being in force under section 9 of the Central Bank Act, 1971, or any business exempted by section 7 (4) of that Act.
Annotations:
Modifications (not altering text):
C18
References to the holder of a licence under section 9 of the Central Bank Act 1971 (24/1971) construed (31.03.2014) by European Union (Capital Requirements) Regulations 2014 (S.I. No. 158 of 2014), reg. 152.
152. Notwithstanding Regulation 7(1), the references, however expressed, to the holder of a licence under section 9 of the Act of 1971, in—
Construction of licence holder in enactments
( a) sections 19 to 26, section 28, sections 31 to 42 or section 58 of the Act of 1971,
( b) section 27, sections 49 to 51, sections 90, 108, 117, 134 or 140 of the Central Bank Act 1989 (No. 16 of 1989), or
( c) any other enactment which was in force on 1 January 1993,
shall be construed so as to include any person who, but for the application of Regulation 7(1), was or would have been required to hold a licence under section 9 of the Act of 1971.
Construction of sections 9 and 18 of the Consumer Information Act, 1978.
57.— Sections 9 (6) ( h) and 18 of the Consumer Information Act, 1978 (which relate to the prosecution of offences by the Minister, a local authority or the Director of Consumer Affairs) shall be construed as referring to summary proceedings only.
Annotations:
Editorial Notes:
E12
Consumer Information Act 1978 (1/1978) was repealed (1.05.2007) by Consumer Protection Act 2007 (19/2007), s. 4 and sch. 2, S.I. No. 178 of 2007. This provision would appear to be spent.
Consumer Credit Act 1995
Implied terms as to title.
74.— (1) In every hire-purchase agreement, other than one to which subsection (2) applies, there shall be—
( a) an implied condition on the part of the owner that 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 hirer before the agreement is made and that the hirer shall have and enjoy quiet possession of the goods except so far as it may be disturbed by any person entitled to the benefit of any charge or encumbrance so disclosed.
(2) In a hire-purchase agreement, in the case of which there appears from the agreement or is to be inferred from the circumstances of the agreement an intention that the owner should transfer only such title as he or a third person may have, there shall be—
( a) an implied warranty that all charges or encumbrances known to the owner have been disclosed to the hirer before the agreement is made, and
( b) an implied warranty that neither—
(i) the owner, nor
(ii) in a case where the parties to the agreement intend that any title which may be transferred shall be only such title as a third person may have, that person, nor
(iii) anyone claiming through or under the owner or that third person otherwise than under a charge or encumbrance disclosed to the hirer before the agreement is made,
will disturb the hirer’s quiet possession of the goods.
(3) Nothing in this section shall prejudice the operation of any other enactment or rule of law whereby any condition or warranty is to be implied by a hire-purchase agreement.
Letting by description.
75.— (1) Where under a hire-purchase agreement goods are let by description, there shall be an implied condition that the goods will correspond with the description, and if under the agreement the goods are let by reference to a sample as well as a 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) Goods shall not be prevented from being let by description by reason only that, being exposed for sale or hire, they are selected by the hirer.
(3) A reference to goods on a label or other descriptive matter accompanying goods exposed for sale or hire may constitute or form part of a description.
Implied undertakings as to quality or fitness.
76.— (1) Except as provided by this section and subject to the provisions of any other enactment, there is no implied condition or warranty as to the quality or fitness for any particular purpose of goods let under a hire-purchase agreement.
(2) Where the owner lets goods under a hire-purchase agreement in the course of a business, there is an implied condition that the goods are of merchantable quality within the meaning of section 14 (3) of the Sale of Goods Act, 1893, except that there shall be no such condition—
( a) as regards defects specifically drawn to the hirer’s attention before the agreement is made, or
( b) if the hirer examines the goods before the agreement is made, as regards defects which that examination ought to have revealed.
(3) Where the owner lets goods under a hire-purchase agreement in the course of a business and the hirer, expressly or by implication, makes known to the owner or the person by whom any antecedent negotiations are conducted, any particular purpose for which the goods are being hired, there shall be an implied condition that the goods supplied under the agreement 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 hirer does not rely, or that it is unreasonable for him to rely, on the skill or judgment of the owner or that person.
(4) An implied condition or warranty as to quality or fitness for a particular purpose may be annexed to a hire-purchase agreement by usage.
(5) The foregoing provisions of this section apply to a hire-purchase agreement made by a person who in the course of a business is acting as agent for the owner as they apply to an agreement made by the owner, except where the owner is not letting in the course of a business and either the hirer knows that fact or reasonable steps are taken to bring it to the notice of the hirer before the agreement is made.
Samples.
77.— Where under a hire-purchase agreement goods are let by reference to a sample, there shall be an implied condition—
( a) that the bulk will correspond with the sample in quality, and
( b) that the hirer will have a reasonable opportunity of comparing the bulk with the sample, and
( c) that the goods will be free from any defect, rendering them unmerchantable within the meaning of section 14 (3) of the Sale of Goods Act, 1893, which would not be apparent on reasonable examination of the sample.
Statements purporting to restrict rights of hirer.
78.— (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 74, 75, 76 or 77 is restricted or excluded otherwise than under section 79 .
(2) A person in the course of business shall not do any of the following things in relation to a statement to which subsection (1) refers:
( a) display on any part of any premises a notice that includes any such statement;
( b) publish or cause to be published an advertisement which contains any such statement;
( c) supply goods bearing, or goods in a container bearing, any such statement; or
( d) otherwise furnish or 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 hirer may be seeking to exercise a right conferred by any provision of a section mentioned in subsection (1).
(4) A person in the course of a business shall not furnish to a hirer 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 hirer or liabilities to the hirer in relation to the goods 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 hirer enjoys by virtue of section 74, 75, 76 or 77 are in no way prejudiced by the relevant statement.
Exclusion of implied terms and conditions.
79.— (1) An express condition or warranty does not negative a condition or warranty implied by this Part unless inconsistent therewith.
(2) A term of a hire-purchase agreement or any other agreement exempting from all or any of the provisions of section 74 shall be void.
(3) A term of a hire-purchase agreement or any other agreement exempting from all or any of the provisions of section 75, 76 or 77 shall be void and shall not be enforceable unless it is shown that it is fair and reasonable.
(4) Subsection (3) shall not prevent a 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 75, 76 or 77 is not a term of the hire-purchase agreement.
(5) Any reference in this section to a term exempting from all or any of the provisions of any section of this Part 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 owner for breach of a condition or warranty implied by any provision of that section.
Liability of persons conducting negotiations antecedent to hire-purchase agreements.
80.— Where goods are let under a hire-purchase agreement to a hirer, the person, if any, by whom the antecedent negotiations were conducted shall be deemed to be a party to the agreement and that person and the owner shall, jointly and severally, be answerable to the hirer for breach of the agreement and for any misrepresentations made by that person with respect to the goods in the course of the antecedent negotiations.
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.
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.
Antecedent negotiations and representations.
83.— (1) In this Part “ antecedent negotiations”, in relation to a hire-purchase agreement, means any negotiations or arrangements with the hirer whereby he was induced to make the agreement or which otherwise promoted the transaction to which the agreement relates; and any reference to the person by whom any antecedent negotiations were conducted is a reference to that person by whom the negotiations or arrangements in question were conducted or made in the course of a business carried on by him.
(2) ( a) For the purposes of this Part any negotiations conducted or arrangements or representations made by a servant or agent, if conducted or made by him in the course of his employment or agency, shall be treated as conducted or made by his employer or principal; and anything received by a servant or agent, if received by him in the course of his employment or agency, shall be treated as received by his employer or principal.
( b) In this subsection “ representations” includes any statement or undertaking, whether constituting a condition or a warranty or not, and references to making representations shall be construed accordingly.
PART VII
Consumer-Hire Agreements
Contents of consumer-hire agreements.
84.— (1) A consumer-hire agreement and any contract of guarantee relating thereto shall be made in writing and signed by the hirer and by or on behalf of all other parties to the agreement, and—
( a) a copy of the agreement shall be—
(i) handed personally to the hirer upon the making of the agreement, or
(ii) delivered or sent to the F71 [ hirer ] by the owner within 10 days of the making of the agreement,
and
( b) in case of any contract of guarantee relating to the agreement, a copy of the guarantee and the agreement shall be—
(i) handed personally to the guarantor upon the making of the contract, or
(ii) sent within 10 days of the making of any contract by the F71 [ owner ] to the guarantor.
(2) A consumer-hire agreement shall contain a statement of—
( a) the cash price of the goods to which the agreement relates,
( b) the amount of each instalment to be paid by the hirer under the agreement,
( c) the date, or the method of determining the date, upon which each instalment is payable,
( d) where the agreement is for a specified period—
(i) the number of instalments, and
(ii) the total amount payable under the agreement (including taxes),
( e) the name and address of the supplier of the goods to which the agreement relates,
( f) any additional costs to be paid,
( g) the cost of any early termination by the hirer of the agreement,
( h) the names and addresses of all parties to the agreement at the time of its making, and
( i) any costs or penalties to which the hirer will become liable for any failure by the hirer to comply with the terms of the agreement.
(3) A consumer-hire agreement shall contain a list of the goods to which the agreement relates sufficient to identify them.
(4) A consumer-hire agreement shall contain a notice, which is at least as prominent as the rest of the contents of the agreement, to the effect that the agreement is for the letting of goods which remain the property of the owner.
(5) A consumer-hire agreement shall contain, in respect of the cooling-off period, a statement that the hirer—
( a) has a right to withdraw from the agreement without penalty if the hirer gives written notice to this effect to the F71 [ owner ] within a period of 10 days of the date of receipt by the hirer of a copy of the agreement, or
( b) may indicate that he does not wish to exercise this right by signing a statement to this effect, this signature to be separate from, and additional to, the hirer’s signature in relation to any of the terms of the agreement.
(6) A consumer-hire agreement shall contain a statement to the effect that a hirer is obliged to give the owner information under section 91 as to the whereabouts of the goods to which the agreement relates.
(7) A consumer-hire agreement shall contain in a prominent position the words “ Consumer-hire agreement” .
Annotations:
Amendments:
F71
Substituted (13.05.1996) by Consumer Credit Act, 1995 (Section 86) Regulations 1996 (S.I. No. 131 of 1996), reg. 2.
Enforceability.
85.— An owner shall not be entitled to enforce a consumer-hire agreement or any contract of guarantee relating thereto or any right to recover the goods from the hirer, and no security given by the hirer in respect of money payable under the consumer-hire agreement or given by a guarantor in respect of money payable under such contract of guarantee as aforesaid shall be enforceable against the hirer or guarantor by any holder thereof, unless the requirements specified in section 84 have been complied with:
Provided that if a court is satisfied in any action that a failure to comply with any of the aforesaid requirements, other than section 84 (1) , was not deliberate and has not prejudiced the hirer, and that it would be just and equitable to dispense with the requirement, the court may, subject to any conditions that it sees fit to impose, decide that the agreement shall be enforceable.
Regulations relating to form and content of consumer-hire agreements.
86. — (1) The Bank may make regulations amending section 84 with respect to the form or content of consumer-hire agreements.
(2) The Bank may exercise the power conferred by subsection (1) only after consulting with, or at the request of, the Director and only after obtaining the consent of the Minister for Finance. ]
Annotations:
Amendments:
F72
Substituted (1.05.2003) by Central Bank and Financial Services Authority of Ireland Act 2003 (12/2003), s. 35(1) and sch. 1 pt. 21 item 19, S.I. No. 160 of 2003, subject to transitional provision in s. 36 and sch. 3 para. 23(1).
Editorial Notes:
E43
Power pursuant to section exercised (13.05.1996) by Consumer Credit Act, 1995 (Section 86) Regulations 1996 (S.I. No. 131 of 1996).
Obligation on owners to comply with sections 84 and 86 .
87.— An owner who is a party to a consumer-hire agreement shall ensure that the contents of the agreement comply with section 84 and any regulations made under section 86 .
Application of sections 75 to 83 to consumer-hire agreements.
88.— Where goods are let under a consumer-hire agreement, the provisions of sections 75 to 83 shall apply to the agreement as if it were a hire-purchase agreement and in every such agreement there is an implied warranty that the goods are free, and will remain free, from any charge or encumbrance not disclosed, before the agreement is made, to the person taking the goods and that that person will enjoy quiet possession of the goods except so far as it may be disturbed by any person entitled to the benefit of any charge or encumbrance so disclosed.
Right of hirer to determine consumer-hire agreement.
89.— (1) A hirer shall, at any time, be entitled to determine a consumer-hire agreement by giving notice of termination to the owner or any person entitled to receive the sums payable under the agreement.
(2) Where a notice is given under subsection (1) the agreement shall be determined after the expiration of the period of 3 months (or such lesser period as may be specified in the agreement) from the date of receipt of the notice.
Hirer to take reasonable care of goods.
90.— A hirer shall take all reasonable care of goods which are let to him under a consumer-hire agreement and shall be liable to the owner if he fails to take such care.
Duty of hirer to give information as to whereabouts of goods.
91.— A hirer shall, within 10 days of receipt of a request in writing from the owner of the goods let to the hirer under a consumer-hire agreement, inform the owner where the goods are at the time when the information is given or, if it is sent by post, at the time of posting.
PART VIII
2003 Regulations
Choice of law provisions.
4. (1) A consumer shall not be deprived of the protection afforded by these Regulations as a result of his or her choosing as the law applicable to the contract the law of a non-Member State if the contract has a close connection with the territory of the Member States.
(2) Paragraph (1) shall have effect notwithstanding section 61(6) of the Sale of Goods Act 1893.