Sale of Goods and Supply of Services Act , 1980

PART I Preliminary and General

1. 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.

2. 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 bysection 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 bysection 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.

3. Dealing as consumer.

3.—F3[…]

4. Saving.

4.—(1)Subject to section 46 (which provides for certain agreements whether made before or after the commencement of this Act) this Act does not apply to contracts made before such commencement.

(2)This Act does not affect any exemption from liability conferred by or under statute.

5. Orders.

5.—(1)The Minister may by order amend or revoke an order under this Act including an order made by virtue of this subsection.

F4[(2)Every order made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution annulling the order is passed by either House, within the next twenty-one days on which that House has sat after the order has been laid before it, the order shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.]

6. Penalties.

6.—(1)A person guilty of an offence under this Act shall be liable—

(a)on summary conviction, to a fine not exceeding F5[€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 F5[€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.

F6[(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 insubsection (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.]

7. 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.

8. 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.

PART II Sale of Goods

9. Citation and construction of Part II.

9.—(1)The Act of 1893 and this Part may be cited together as the Sale of Goods Acts, 1893 and 1980.

(2)The Act of 1893 and this Part shall be construed as one.

Conditions and Warranties

10. Sale of Goods Act, 1893, sections 11, 12, 13, 14 and 15.

10.—For sections 11, 12, 13, 14 and 15 of the Act of 1893 there shall be substituted the sections set out in the following Table:

TABLE

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.

Implied undertakings 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.

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.

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.

Sale by Sample

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.

11. 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.

F7[(5) This section shall not apply to a contract to which Parts 2 to 4 of the Consumer Rights Act 2022 applies.]

12. Implied warranty for spare parts and servicing.

12.—(1)In a contract for the sale of goods there is an implied warranty that spare parts and an adequate aftersale service will be made available by the seller in such circumstances as are stated in an offer, description or advertisement by the seller on behalf of the manufacturer or on his own behalf and for such period as is so stated or, if no period is so stated, for a reasonable period.

(2)The Minister may, after such consultation with such interested parties as he thinks proper, by order define, in relation to any class of goods described in the order, what shall be a reasonable period for the purpose of subsection (1).

(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.

F8[(4) This section shall not apply to a contract to which Part 2 of the Consumer Rights Act 2022 applies.]

13. Implied condition on sale of motor vehicles.

13.—(1)In this section “motor vehicle” means a vehicle intended or adapted for propulsion by mechanical means, including—

(a)a bicycle or tricycle with an attachment for propelling it by mechanical power, and

(b)a vehicle the means of propulsion of which is electrical or partly electrical and partly mechanical.

(2)Without prejudice to any other condition or warranty, in every contract for the sale of a motor vehicle (except a contract in which the buyer is a person whose business it is to deal in motor vehicles) there is an implied condition that at the time of delivery of the vehicle under the contract it is free from any defect which would render it a danger to the public, including persons travelling in the vehicle.

(3)Subsection (2) of this section shall not apply where—

(a)it is agreed between the seller and the buyer that the vehicle is not intended for use in the condition in which it is to be delivered to the buyer under the contract, and

(b)a document consisting of a statement to that effect is signed by or on behalf of the seller and the buyer and given to the buyer prior to or at the time of such delivery, and

(c)it is shown that the agreement referred to in paragraph (a) is fair and reasonable.

(4)Save in a case in which the implied condition as to freedom from defects referred to in subsection (2) is either not incorporated in the contract or has been effectively excluded from the contract pursuant to that subsection, in the case of every sale of a motor vehicle by a person whose business it is to deal in motor vehicles a certificate in writing in such form as the Minister may by regulations prescribe shall be given to the buyer by or on behalf of the seller to the effect that the vehicle is, at the time of delivery, free from any defect which would render it a danger to the public, including persons travelling in the vehicle.

(5)Where an action is brought for breach of the implied condition referred to in subsection (2) by reason of a specific defect in a motor vehicle and a certificate complying with the requirements of this section is not proved to have been given, it shall be presumed unless the contrary is proved that the proven defect existed at the time of delivery.

(6)Regulations under subsection (4) may apply to motor vehicles generally or to motor vehicles of a particular class or description (defined in such manner and by reference to such things as the Minister thinks proper) and different forms of certificate may be prescribed for different classes or descriptions of vehicles.

(7)A person using a motor vehicle with the consent of the buyer of the vehicle who suffers loss as the result of a breach of the condition implied by subsection (2) in the contract of sale may maintain an action for damages against the seller in respect of the breach as if he were the buyer.

(8)The Statute of Limitations, 1957, is hereby amended—

(I)by the insertion in section 11 (2) of the following paragraph—

(II)by the insertion in section 49 of the following subsection—

(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.

F9[(10) This section shall not apply to a contract to which Part 2 of the Consumer Rights Act 2022 applies.]

14. Liability of finance houses.

14.—F10[…]

15. Definition of guarantee.

15.—F11[(1)] In sections 16 to 19, “guarantee” means any document, notice or other written statement, howsoever described, supplied by a manufacturer or other supplier, other than a retailer, in connection with the supply of any goods and indicating that the manufacturer or other supplier will service, repair or otherwise deal with the goods following purchase.

F11[(2) Insubsection (1), “goods” does not include goods supplied under a contract to which Part 2 of the Consumer Rights Act 2022 applies.]