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Objective requirements for conformity with sales contract
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18. (1) The goods delivered under a sales contract shall—
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(a) be fit for all of the purposes for which goods of the same type would normally be used, taking into account so far as relevant any enactment or rule of law, European Union law, technical standards or, in the absence of such technical standards, applicable sector-specific industry codes of conduct,
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(b) be of the quality and correspond to any description of a sample or model that the trader made available to the consumer before the conclusion of the sales contract,
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(c) be delivered along with any accessories, including packaging, installation instructions or other instructions, that the consumer may reasonably expect to receive, and
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(d) be of the quantity and possess the qualities and other features (including in relation to durability, functionality, compatibility and security) normal for goods of the same type that the consumer may reasonably expect given the nature of the goods and taking into account any public statement in relation to the goods made by, or on behalf of, the trader or any other person constituting a previous link in the chain of transactions relating to the sales contract, including the producer, particularly in advertising or on labelling.
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(2) In subsection (1)(d), the reference to the durability of the goods is a reference to the ability of the goods to maintain their functions and performance through normal use and to possess the ability to do so which is normal for goods of the same type and which the consumer can reasonably expect having regard to—
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(a) the specific nature of the goods,
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(b) the possible need for reasonable maintenance of the goods,
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(c) any public statement on the durability of the goods made by or on behalf of any person constituting a link in the chain of transactions, and
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(d) all other relevant circumstances, including the price of the goods and the intensity or frequency of the use made of the goods by the consumer.
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(3) The trader shall not be bound by any public statement referred to in subsection (1)(d) or (2)(c) if the trader shows that—
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(a) the trader was not, and could not reasonably have been, aware of the public statement in question,
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(b) at the time of the conclusion of the sales contract, the public statement had been corrected in the same way as it had been made (or in a comparable way), or
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(c) the decision of the consumer to buy the goods could not have been influenced by the public statement.
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(4) Where a sales contract for the sale of goods with digital elements provides for a single act of supply of the digital content or digital service, the trader shall ensure that the consumer is—
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(a) informed of the availability of, and
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(b) supplied with,
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any update (including a security update) that is necessary for the goods to be in conformity with the sales contract for the period of time that the consumer may reasonably expect given the type and purpose of the goods and the digital elements, and taking into account the circumstances and nature of the sales contract.
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(5) Where a sales contract for the sale of goods with digital elements provides for a continuous supply of the digital content or digital service for a period exceeding two years, the trader shall ensure that the consumer is informed of the availability of, and supplied with, any update (including a security update) that is necessary for the goods to be in conformity with the sales contract during that period.
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(6) Where a sales contract for the sale of goods with digital elements provides for a continuous supply of the digital content or digital service for a period not exceeding two years, the trader shall ensure that the consumer is informed of the availability, and supplied with, any update (including a security update) that is necessary to maintain the goods in conformity with the contract for the period of two years beginning with the relevant time.
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(7) Where the consumer fails to install within a reasonable time an update supplied in accordance with subsection (4), (5) or (6), the trader shall not be liable for any lack of conformity with the sales contract resulting solely from the failure to install the update—
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(a) if the trader informed the consumer of the need for the consumer to install the update (including the consequences of failing to do so), and
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(b) the failure of the consumer to install the update, or the incorrect installation by the consumer of the update, was not due to shortcomings in the installation instructions provided to the consumer.
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(8) There shall be no lack of conformity with a sales contract under subsection (1), (4), (5) or (6) if at the time of the conclusion of the sales contract—
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(a) the consumer was specifically informed that a particular characteristic of the goods deviated from the requirements of the subsection concerned, including a lack of conformity with the sales contract caused by a restriction resulting from a violation of an intellectual property right or any other right of a third person, and
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(b) the consumer expressly and separately accepted that deviation.
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(9) In case of dispute, it shall be for the trader to show that the consumer—
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(a) was specifically informed that a particular characteristic of the goods deviated from the requirements of subsection (1), (4), (5) or (6), and
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(b) expressly and separately accepted that deviation when concluding the sales contract.
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