Consumer Rights Act 2022
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Exclusion or limitation of liability of trader (Part 4) | ||
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94. (1) A term of a service 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 78 (supply of service); | ||
(b) section 79 (service to be in conformity with service contract); | ||
(c) section 80 (subjective requirements for conformity with service contract); | ||
(d) section 81 (objective requirements for conformity with service contract); | ||
(e) section 82 (implied terms of service contract); | ||
(f) section 83 (reasonable price to be paid for service). | ||
(2) A term of a service 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. |