Consumer Rights Act 2022
|
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. |