Consumer Rights Act 2022

• (2) Subject to subsection (3), if the trader makes a delivery of goods that are not in conformity with the sales contract (referred to in this section as “non-conforming goods”) in respect of one or more instalments, the consumer may—

• (a) if there are non-conforming goods in the first instalment of goods delivered under the sales contract, exercise the short-term right to terminate the contract under section 23(1), or

• (b) in any other case, exercise the final right to terminate the contract under section 26.

• (3) The consumer may exercise the right to terminate the sales contract under subsection (2) only in relation to the instalment or instalments in respect of which there are non‑conforming goods unless, after taking all the circumstances into account, it would not be reasonable to expect the consumer to accept and keep only the goods delivered in the instalment or instalments where the goods are in conformity with the sales contract.

• (4) Where, in accordance with subsection (3), the consumer is entitled to exercise the right to terminate the sales contract only in relation to an instalment or instalments in respect of which there are non-conforming goods, the consumer shall be entitled to be reimbursed in accordance with section 31 in respect of the non-conforming goods delivered in that instalment (or those instalments) only.

• (5) Where the consumer has the right to terminate the sales contract under subsection (2) and wishes to exercise that right—

• (a) the consumer shall exercise that right in accordance with section 28, and

• (b) the trader shall comply with the obligations in section 30.

38. Right of redress of trader (Part 2)

38. Where the trader is liable to the consumer because of a lack of conformity with the sales contract resulting from an act or omission (including an omission to provide updates to goods with digital elements in accordance with section 18(4) to (6)) of a person constituting a previous link in the chain of transactions relating to the sales contract, the trader shall be entitled to pursue remedies against the person constituting a previous link in that chain of transactions who is liable for the lack of conformity.

39. 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.

Chapter 5 Commercial guarantees

40. Liability for commercial guarantee

40. (1) A commercial guarantee shall be binding on the guarantor under the conditions specified in the commercial guarantee statement and in any associated advertising available at the time of, or before, the conclusion of the sales contract.

• (2) Without prejudice to the generality of subsection (1), where a producer offers the consumer a commercial guarantee of durability for specified goods for a specified period of time—

• (a) the producer shall be liable directly to the consumer during the entire period of the commercial guarantee of durability for the repair or the replacement of the goods in accordance with section 25, and

• (b) the producer may offer more favourable conditions to the consumer in the commercial guarantee statement on the durability of the goods.

• (3) If some or all of the conditions specified in the commercial guarantee statement are less advantageous to the consumer than those specified in the associated advertising, the commercial guarantee shall be binding under the more advantageous conditions specified in the advertising relating to the commercial guarantee, unless, before the conclusion of the sales contract, the associated advertising was corrected to reflect the same, or comparable, conditions to those specified in the commercial guarantee statement.

41. Liability of trader for other guarantor’s commercial guarantee

41. (1) Where in relation to a sales contract a trader gives a consumer a commercial guarantee provided by another guarantor, the trader shall, unless the trader expressly indicates the contrary when the guarantee is given to the consumer, be liable to the consumer for the observance of that guarantee as if the trader were the guarantor.

• (2) Notwithstanding subsection (1), where the trader gives the trader’s own commercial guarantee to a consumer, it shall be presumed, unless the contrary is proved, that the trader is not liable to the consumer under any commercial guarantee from another guarantor which the trader has given to the consumer.

• (3) The liability of a trader to a consumer under this section is without prejudice to the rights conferred on the consumer under section 40.

42. Liability under commercial guarantee to subsequent consumers

42. Where—

• (a) a commercial guarantee is provided to a consumer in relation to goods sold under a sales contract, and

• (b) during the period for which the commercial guarantee subsists the goods are acquired by another consumer,

that other consumer shall be entitled to rely on the commercial guarantee against the guarantor under section 40, or against the trader under section 41, as if he or she were the consumer to whom the guarantee was provided.

43. Right of action pursuant to commercial guarantee

43. (1) Without prejudice to section 40, a consumer may maintain an action against a guarantor, or a person liable for the observance of the guarantor’s guarantee under section 41, who fails to comply with the terms of a commercial guarantee in relation to a sales contract as if that person had sold the goods to which the sales contract relates to the buyer and had committed a breach of warranty.

• (2) Where an action is brought by a consumer under subsection (1), a court may order the guarantor or other person liable for the observance of the guarantee under section 41 to pay damages to the consumer.

• (3) In any case in which a producer or trader is liable in damages under subsection (2), the court may, on such terms as the court may deem just, afford the guarantor or other person liable for the observance of the guarantee under section 41 the opportunity of performing the obligations under the guarantee to the satisfaction of the court within such time as may be specified by the court.

44. Provision and content of commercial guarantee statement

44. (1) Where a commercial guarantee is provided in relation to goods sold under a sales contract, the commercial guarantee statement shall be provided to the consumer on a durable medium no later than the time of delivery of the goods.

• (2) The commercial guarantee statement shall be expressed in concise, plain, intelligible language and shall include the following:

• (a) a clear statement that the consumer is entitled by law to remedies from the trader free of charge in the event of a lack of conformity of the goods with the sales contract and that those remedies are not affected by the commercial guarantee;

• (b) the name and address of the guarantor;

• (c) the procedure to be followed by the consumer to obtain the implementation of the commercial guarantee;

• (d) the designation of the goods to which the commercial guarantee applies; and

• (e) the conditions of the commercial guarantee.

• (3) A failure to comply with subsection (1) or (2) shall not affect the binding nature of the commercial guarantee for the guarantor.

45. Exclusion or limitation of rights of consumer under commercial guarantee

45. (1) A commercial guarantee that is provided in relation to a sales contract shall not—

• (a) in any way exclude or limit the rights of the consumer under any enactment (including this Chapter) or rule of law,

• (b) impose obligations on the consumer that are additional to his or her obligations under the sales contract, or

• (c) purport to make the guarantor or any person acting on the guarantor’s behalf the sole authority to decide whether goods are in conformity with the sales contract or whether the consumer is otherwise entitled to make a claim under the commercial guarantee.

• (2) Any provision of a commercial guarantee that is contrary to subsection (1) shall not be binding on the consumer.

• (3) A guarantor who gives a commercial guarantee which contravenes subsection (1) commits an offence.

Chapter 6 Other third party rights

46. Rights of recipient of gift

46. Where a consumer who is a party to a sales contract gives goods acquired under the contract to another consumer as a gift, that other consumer shall be entitled to exercise all rights and remedies under this Part on the same terms as the consumer who is a party to the sales contract.

47. Rights of certain users of motor vehicle

47. (1) Where—

• (a) a consumer purchases a motor vehicle under a sales contract,

• (b) the motor vehicle is not in conformity with the sales contract, and

• (c) the lack of conformity would render the motor vehicle a danger to the public, including any person travelling in the motor vehicle,

any person who uses the motor vehicle with the consent of the consumer and suffers loss as a result of that lack of conformity may maintain an action for damages in respect of that lack of conformity against the trader who sold the motor vehicle as if he or she were the consumer.

• (2) 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 solely by mechanical power or solely by electrical power, whether or not the attachment is being used, and having a maximum design speed of no less than 6 kilometres per hour,

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

• (c) such other type of vehicle as may be prescribed.

• (3) The Minister may make regulations under subsection (2)(c) only where the Minister is satisfied, after consultation with the Minister for Transport and such other persons as he or she considers appropriate, that it is necessary in the interests of consumer protection to do so.

PART 3 Digital content contracts and digital service contracts

Chapter 1 Interpretation and application (Part 3)

48. Interpretation (Part 3)

48. (1) In this Part—

“Digital Directive” means Directive (EU) 2019/770 of the European Parliament and of the Council of 20 May 2019⁶ on certain aspects concerning contracts for the supply of digital content and digital services;

“digital environment” means hardware, software and any network connection used by the consumer to access or make use of digital content or a digital service;

“free of charge” means free of any costs necessarily incurred in remedying the lack of conformity of digital content or a digital service with the digital content contract or digital service contract, including the cost of labour and materials;

“integration” means the linking and incorporation of digital content or a digital service with the components of the consumer’s digital environment in order for the digital content or digital service to be used in accordance with sections 53 to 55;

“number-independent interpersonal communications service” means an interpersonal communications service which does not connect with publicly assigned numbering resources, namely, a number in national or international numbering plans, or which does not enable communication with a number in national or international numbering plans;

“price” means money or a digital representation of value that is due in exchange for the supply of digital content or a digital service.

• (2) A reference in this Part to digital content or a digital service being in conformity with a digital content contract or digital service contract is to be construed in accordance with section 52(2).

• (3) A word or expression used in this Part that is also used in the Digital Directive has, unless the context otherwise requires, the same meaning in this Part as it has in the Digital Directive.

• (4) A court shall construe this Part in a manner that gives effect to the Digital Directive, and for this purpose the court shall have regard to the provisions of the Digital Directive, including its preamble.

49. Application (Part 3)

49. (1) Subject to subsections (3) to (7) and sections 65, 70, 71 and 72, this Part applies to any contract specified in subsection (2) that is concluded between a trader and a consumer on or after the day on which this section comes into operation.

• (2) The contracts referred to in subsection (1) are—

• (a) a digital content contract,

• (b) a digital service contract,

• (c) where a single contract between a trader and a consumer relates to—

• (i) the supply of digital content or a digital service (the supply of such content or such a service or, as the case may be, both such content and such a service being referred to in this subsection as the “digital supply”), and

• (ii) the supply of other goods or a service,

that contract so far as relating to the digital supply, and

• (d) any contract where the digital content or digital service which the trader supplies or undertakes to supply to the consumer is developed in accordance with the consumer’s specifications.

• (3) This Part (other than sections 51 and 60) applies to any tangible medium which serves exclusively as a carrier of digital content.

• (4) This Part does not apply to any of the following contracts between a trader and a consumer:

• (a) a service contract;

• (b) a contract for the supply of an electronic communications service (other than a contract for the supply of a number-independent interpersonal communications service);

• (c) a contract for the supply of healthcare;

• (d) a contract for the supply of a gambling service;

• (e) a contract for the supply of a financial service;

• (f) a contract under which—

• (i) a trader supplies software under a free and open-source licence, and

• (ii) the consumer does not pay a price and any personal data provided by the consumer, other than the personal data that was processed for the purpose of supplying the digital content or digital service, is processed by the trader only for the purpose of improving the security, compatibility or interoperability of that software;

• (g) a contract for the supply of digital content where the digital content is made available to the general public other than by signal transmission as part of a performance or event, including digital cinematographic projections;

• (h) a contract for digital content provided by a public sector body in accordance with the European Union (Open Data and Re-use of Public Sector Information) Regulations 2021 (S.I. No. 376 of 2021).

• (5) For the purposes of subsection (4)(a), it is immaterial whether digital forms or means are used by a trader—

• (a) to produce the output of the service to which the contract relates, or

• (b) to deliver or transmit the service to a consumer.

• (6) This Part does not apply to digital content or a digital service which is—

• (a) incorporated in or inter-connected with goods with digital elements, and

• (b) supplied with the goods under a sales contract,

irrespective of whether the digital content or digital service is supplied by a trader or any other person.

• (7) In determining for the purposes of subsection (6) whether the supply of incorporated or inter-connected digital content or an incorporated or inter-connected digital service forms part of a sales contract, the digital service or digital content shall be presumed to form part of the sales contract whether or not the consumer is required to consent to a licensing agreement with a person other than the trader in order to access the digital content or digital service concerned.

• (8) A reference in Chapter 2 or 3 of this Part to both a digital content contract and a digital service contract shall be construed as a reference to any contract to which this Part applies.

• (9) Nothing in this Part shall affect the entitlement of a consumer to terminate a contract under section 29(2) or 93(2).

• (10) In this section—

“gambling service” means a service that involves wagering a stake with pecuniary value in games of chance (including those with an element of skill, such as lotteries, casino games, poker games and betting transactions) by electronic means or any other technology for facilitating communication at the individual request of a recipient of such a service;

“healthcare” has the same meaning as it has in the European Union (Application of Patients’ Rights in Cross-Border Healthcare) Regulations 2014 (S.I. No. 203 of 2014).

Chapter 2 Consumer rights in digital content contracts and digital service contracts

50. Right to supply digital content or digital service

50. (1) Where digital content or a digital service is to be supplied under a digital content contract or digital service contract, the trader shall ensure that the trader has the right to supply the digital content or digital service to the consumer at the time at which it is to be supplied.

• (2) Without prejudice to any enactment or rule of law affecting the validity of the digital content contract or digital service contract, where the trader does not have the right to supply the digital content or digital service in accordance with subsection (1), the consumer shall have the right to terminate the digital content contract or digital service contract.

• (3) Where the consumer has the right to terminate the digital content contract or digital service contract under subsection (2) and wishes to exercise that right—

• (a) the consumer shall exercise that right in accordance with section 66, and

• (b) the trader shall comply with the obligations in section 67.

• (4) In case of dispute, it shall be for the trader to show that the trader had the right to supply the digital content or digital service.

51. Duty to supply digital content or digital service

51. (1) Where a digital content contract or digital service contract is concluded between a trader and a consumer, the trader shall supply the digital content or digital service to the consumer in accordance with the contract.

• (2) Where a digital content contract or digital service contract is concluded between a trader and a consumer, the trader shall, except where the parties have agreed otherwise, supply the digital content or the digital service to the consumer without undue delay after the conclusion of the contract.

• (3) Where a digital content contract or digital service contract provides for a continuous supply of the digital content or digital service for a period specified in the contract, the trader shall supply the digital content or digital service to the consumer for that period.

• (4) Where a digital content contract or digital service contract provides for the supply of the digital content or digital service on more than one occasion during the period for which the contract subsists, the trader shall supply the digital content or digital service to the consumer on each of those occasions.

• (5) A trader shall be deemed to supply digital content or a digital service in accordance with this section where—

• (a) the digital content or any means that is suitable for accessing or downloading the digital content is made available or accessible to—

• (i) the consumer, or

• (ii) a physical or virtual facility chosen by the consumer for that purpose,

or

• (b) the digital service is made accessible to—

• (i) the consumer, or

• (ii) a physical or virtual facility chosen by the consumer for that purpose.

• (6) A consumer shall not be deemed to have chosen a physical or virtual facility under subsection (5) if—

• (a) the facility is under the trader’s control or is contractually linked to the trader, or

• (b) the facility was the only facility offered by the trader to receive or access the digital content or digital service.

• (7) Where a trader fails to supply digital content or a digital service to the consumer in accordance with this section—

• (a) the trader shall be liable for that failure, and

• (b) the consumer shall have the right to the remedies specified in section 60.

52. Digital content or digital service to be in conformity with digital content contract or digital service contract

52. (1) Where a digital content contract or digital service contract is concluded between a trader and a consumer, the trader shall supply digital content or a digital service to the consumer that is in conformity with the digital content contract or digital service contract.

• (2) Digital content or a digital service is in conformity with the digital content contract or digital service contract if the digital content or digital service—

• (a) complies with the requirements of sections 53 and 54, and

• (b) does not fall to be treated as not being in conformity with the digital content contract or digital service contract under section 55.

• (3) Where the digital content or digital service supplied by the trader is not in conformity with the digital content contract or digital service contract concerned, the consumer shall have the right to the remedies specified in Chapter 3 of this Part.

• (4) Where a digital content contract or digital service contract provides for a continuous supply of the digital content or digital service for a period specified in the contract—

• (a) a short-term interruption of the supply of the digital content or digital service—

• (i) that, having regard to the type and purpose of the digital content or digital service and the circumstances and nature of the contract, is more than negligible, or

• (ii) that recurs,

shall be deemed to constitute a lack of conformity with the digital content contract or digital service contract, and

• (b) the consumer shall have the right to the remedies specified in Chapter 3 of this Part.

• (5) Where a failure to comply with—

• (a) any requirement imposed by or under the Data Protection Act 2018, or

• (b) any requirement imposed by Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016⁷ on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation),

constitutes a lack of conformity of the digital content or digital service with the digital content contract or digital service contract, the consumer shall have the right to the remedies specified in Chapter 3 of this Part.

53. Subjective requirements for conformity with digital content contract or digital service contract

53. (1) Digital content or a digital service supplied under a digital content contract or digital service contract shall—

• (a) be of the description, quantity and quality, and possess the functionality, compatibility, interoperability, accessibility, continuity, security and other features, specified in the digital content contract or digital service contract,

• (b) be fit for any particular purpose for which the consumer requires it—

• (i) that the consumer made known to the trader at the time of, or before, the conclusion of the digital content contract or digital service contract, and

• (ii) that the trader has accepted,

• (c) be supplied with all accessories, instructions, including on the installation or integration of the digital content or digital service, and customer assistance as specified in the digital content contract or digital service contract, and

• (d) be updated as specified in the digital content contract or digital service contract.

• (2) The information which the trader is required to provide to the consumer in a distance contract or an off-premises contract under section 103, 104 or 106 shall form part of the digital content contract or digital service contract.

• (3) Digital content or a digital service supplied under a digital content contract or digital service contract that is a distance contract or an off-premises contract shall comply with any term of the contract deriving from the information referred to in subsection (2) that is additional to the requirements of subsection (1).

• (4) Where the digital content contract or digital service contract provides for a continuous supply of digital content or a digital service for a period specified in the contract, the digital content or digital service shall comply with the requirements of subsections (1) and (2) during that period.

54. Objective requirements for conformity with digital content contract or digital service contract

54. (1) Digital content or a digital service supplied under a digital content contract or digital service contract shall—

• (a) be fit for all of the purposes for which digital content or digital services 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 codes of conduct,

• (b) comply with any trial version or preview of the digital content or digital service that the trader made available to the consumer before the conclusion of the digital content contract or digital service contract,

• (c) be supplied along with any accessories and instructions, including on the installation or integration of the digital content or digital service, that the consumer may reasonably expect to receive, and

• (d) be of the quantity, and possess the qualities and performance features (including in relation to functionality, compatibility, accessibility, continuity and security) normal for digital content or digital services of the same type that the consumer may reasonably expect given the nature of the digital content or digital service and taking into account any public statement in relation to the digital content or digital service made by, or on behalf of, the trader or any other person constituting a previous link in the chain of transactions relating to the digital content contract or digital service contract, particularly in advertising or on labelling.

• (2) The trader shall not be bound by any public statement referred to in subsection (1)(d) if the trader shows that—

• (a) the trader was not, and could not reasonably have been, aware of the public statement in question,

• (b) at the time of the conclusion of the digital content contract or digital service contract, the public statement had been corrected in the same way as it had been made (or in a comparable way), or

• (c) the decision of the consumer to acquire the digital content or digital service could not have been influenced by the public statement.

• (3) Unless the parties have agreed otherwise, digital content or a digital service shall be supplied in the most recent version available at the time of the conclusion of the contract.

• (4) The trader shall ensure that during the relevant period the consumer is—

• (a) informed of the availability of, and

• (b) supplied with,

any update (including a security update) that is necessary for the digital content or digital service to be in conformity with the digital content contract or digital service contract.

• (5) Where—

• (a) the consumer fails to install within a reasonable time an update supplied by the trader in accordance with subsection (4),

• (b) the trader informed the consumer of the availability of the update and the consequences of a failure of the consumer to install it, and

• (c) the failure of the consumer to install the update, or the incorrect installation of the update by the consumer, was not due to shortcomings in the installation instructions provided by the trader,

the trader shall not be liable for any lack of conformity with the digital content contract or digital service contract resulting solely from the failure to install the relevant update.

• (6) Where the digital content contract or digital service contract provides for a continuous supply of digital content or a digital service for a period specified in the contract, the trader shall ensure that the digital content or digital service is in conformity with the contract during that period.

• (7) There shall be no lack of conformity with the digital content contract or digital service contract under subsection (1) or (4) if, at the time of the conclusion of the contract—

• (a) the consumer was specifically informed that a particular characteristic of the digital content or digital service deviated from the requirements of the subsection concerned, including a lack of conformity with the contract caused by a restriction resulting from a violation of an intellectual property right or any other right of a third person, and

• (b) the consumer expressly and separately accepted that deviation.

• (8) In case of dispute, it shall be for the trader to show that the consumer—

• (a) was specifically informed that a particular characteristic of the digital content or digital service deviated from the requirements of subsection (1) or (4), and

• (b) expressly and separately accepted that deviation when concluding the contract.

• (9) In this section, “relevant period”, in relation to a digital content contract or digital service contract, means—

• (a) where the contract provides for a continuous supply of the digital content or digital service for a period specified in the contract, that period, or

• (b) where the contract provides for a single act of supply or a series of individual acts of supply of the digital content or digital service, such period as the consumer may reasonably expect, given the type and purpose of the digital content or digital service and taking into account the circumstances and nature of the digital content contract or digital service contract.

55. Incorrect integration of digital content or digital service

55. Any lack of conformity with a digital content contract or digital service contract resulting from the incorrect integration of the digital content or digital service into the consumer’s digital environment shall be treated as a lack of conformity with the digital content contract or digital service contract for the purposes of this Part if—

• (a) the digital content or digital service was integrated by the trader or a person acting on behalf of the trader, or

• (b) the digital content or digital service was intended to be integrated by the consumer and the incorrect integration was due to shortcomings in the integration instructions provided by the trader.

56. Implied terms of digital content contract or digital service contract

56. Sections 50 and 53 to 55 shall be implied into every digital content contract or digital service contract and shall have effect as if they were terms of such a contract.

57. Third party rights

57. Without prejudice to section 54, where a restriction resulting from a violation of any right of a third person, in particular an intellectual property right, prevents or limits the use in accordance with sections 53 to 55 of digital content or a digital service supplied under a digital content contract or digital service contract, the consumer shall be entitled to pursue the remedies specified in Chapter 3 of this Part.

58. Liability of trader under digital content contract or digital service contract

58. (1) Where a digital content contract or a digital service contract is concluded between a trader and a consumer, the trader shall be liable to the consumer for any failure to supply the digital content or digital service in accordance with section 51.

• (2) Where a digital content contract or digital service contract provides for a single act of supply, or a series of individual acts of supply, of digital content or a digital service, the trader shall be liable for any lack of conformity with the digital content contract or digital service contract, including any lack of conformity resulting from a violation of an intellectual property right or any other right of a third person, which exists at the time of supply of the digital content or digital service.

• (3) Where an update is supplied by the trader or a person other than the trader under a digital content contract or digital service contract that provides for a single act of supply, or a series of individual acts of supply, of digital content or a digital service, the trader shall be liable for any lack of conformity with the digital content contract or digital service contract—

• (a) caused by the update which exists at the time of supply or installation of the update, or

• (b) caused by the failure of the trader to supply an update in accordance with section 54(4) at the time the update should have been supplied.

• (4) Where a digital content contract or digital service contract provides for a continuous supply of digital content or a digital service for a period specified in the contract, the trader shall be liable for a lack of conformity with the digital content contract or digital service contract that occurs or becomes apparent during that period.

• (5) The consumer’s right to a remedy in respect of a lack of conformity with the digital content contract or digital service contract for which the trader is liable under this section shall apply for 6 years from—

• (a) in the case of a digital content contract or digital service contract which provides for a single act of supply of digital content or a digital service, or a series of such acts, the time of the supply of the digital content or digital service, and

• (b) in the case of a digital content contract or digital service contract which provides for a continuous supply of the digital content or digital service for a period specified in the contract, the time at which the lack of conformity occurs or becomes apparent during that period.

• (6) The consumer’s right to a remedy in respect of a failure to supply digital content or a digital service under a digital content contract or digital service contract for which the trader is liable under this section, shall apply for 6 years from the time at which the trader was required to supply the digital content or digital service in accordance with section 51.

59. Burden of proof under digital content contract or digital service contract

59. (1) The burden of proof as to whether digital content or a digital service was supplied in accordance with section 51 shall be on the trader.

• (2) Subject to subsection (4), where a digital content contract or digital service contract provides for a single act of supply, or a series of individual acts of supply, of digital content or a digital service, the burden of proof as to whether the digital content or digital service supplied by the trader was in conformity with the contract at the time of supply shall be on the trader for a lack of conformity with the digital content contract or digital service contract which becomes apparent during the period of 12 months beginning with the supply of the digital content or digital service.

• (3) Subject to subsection (4), where the digital content contract or digital service contract provides for the continuous supply of digital content or a digital service for a period specified in the contract, the burden of proof as to whether the digital content or digital service was in conformity with the contract during that period shall be on the trader for a lack of conformity with the contract which becomes apparent during that period.

• (4) Subsections (2) and (3) shall not apply where the trader—

• (a) shows that the digital environment of the consumer is not compatible with the technical requirements of the digital content or digital service, and

• (b) informed the consumer of such requirements in a clear and comprehensible manner before the conclusion of the contract.

• (5) Subject to subsection (6), the consumer shall co-operate with the trader, to the extent reasonably possible and necessary, to ascertain whether the cause of the lack of conformity with the digital content contract or digital service contract of the digital content or digital service at the times specified in section 58(1) to (4) lay in the consumer’s digital environment.

• (6) The obligation on the consumer to co-operate under subsection (5) shall be limited to the technically available means which are least intrusive for the consumer.

• (7) Where—

• (a) the consumer fails to co-operate as required by subsection (5), and

• (b) the trader informed the consumer of the technical requirements of the digital content or digital service in a clear and comprehensible manner before the conclusion of the digital content contract or digital service contract,

the burden of proof as to whether the lack of conformity with the contract existed at the times specified in section 58(1) to (4) shall be on the consumer.

• (8) Nothing in this section shall prevent or restrict a consumer from exercising a remedy after the expiry of the period of 12 months beginning with the date of supply of the digital content or digital service.

Chapter 3 Consumer remedies in digital content contracts and digital service contracts

60. Remedy for failure to supply digital content or digital service

60. (1) Where a trader—

• (a) fails to supply digital content or a digital service under a digital content contract or digital service contract in accordance with section 51, and

• (b) fails to comply with a subsequent request from a consumer to supply the digital content or digital service without undue delay or within such additional period as may be expressly agreed between the parties,

the consumer shall have the right to terminate the digital content contract or digital service contract.

• (2) Subsection (1) shall not apply, and the consumer shall have the right to terminate the contract immediately (and without making a request referred to in subsection (1)(b)), where—

• (a) the trader has declared that the trader will not supply the digital content or digital service or it is equally clear from the circumstances that the trader will not do so, or

• (b) the consumer and the trader have agreed, or it is apparent from the circumstances at the time of the conclusion of the contract, that it is essential for the consumer that the digital content or digital service be supplied before a particular date and time and the trader fails to supply the digital content or digital service on or before that date and time.

• (3) Where the consumer has the right to terminate the digital content contract or digital service contract under subsection (1) or (2) and wishes to exercise that right—

• (a) the consumer shall exercise that right in accordance with section 66, and

• (b) the trader shall comply with the obligations in section 67.

61. Right to have digital content or digital service brought into conformity with contract

61. (1) Subject to subsection (2), where digital content or a digital service is not in conformity with the digital content contract or digital service contract, the consumer shall have the right to have the digital content or digital service brought into conformity with the contract in accordance with subsection (3).

• (2) Subsection (1) shall not apply where—

• (a) it would be impossible to bring the digital content or digital service into conformity with the digital content contract or digital service contract, or

• (b) bringing the digital content or digital service into conformity with the digital content contract or digital service contract would impose disproportionate costs on the trader taking into account all the circumstances of the case including in particular—

• (i) the value that the digital content or digital service would have if there were no lack of conformity, and

• (ii) the significance of the lack of conformity.

• (3) The trader shall bring the digital content or digital service into conformity with the digital content contract or digital service contract—

• (a) free of charge,

• (b) within a reasonable time after being informed by the consumer of the lack of conformity with the digital content contract or digital service contract, and

• (c) without significant inconvenience to the consumer, taking account of the nature of the digital content or digital service and the purpose for which the consumer required the digital content or digital service.

• (4) The reasonable time for bringing the digital content or digital service into conformity with the contract under subsection (3)(b) shall be the shortest possible time necessary for remedying the lack of conformity of the digital content or digital service with the contract, having regard to—

• (a) the nature and complexity of the digital content or digital service,

• (b) the nature and severity of the lack of conformity, and

• (c) the effort needed to bring the digital content or digital service into conformity with the digital content contract or digital service contract.

62. Right to proportionate reduction in price or termination of contract

62. (1) This section applies where—

• (a) by virtue of section 61(2), the consumer does not have the right specified in section 61(1),

• (b) the consumer has exercised his or her right under section 61(1) and the trader has not brought the digital content or digital service into conformity with the digital content contract or digital service contract in accordance with section 61(3),

• (c) the same or a different lack of conformity appears despite the trader’s attempt to bring the digital content or digital service into conformity with the digital content contract or digital service contract,

• (d) the lack of conformity is of such a serious nature as to justify an immediate reduction in the price or termination of the digital content contract or digital service contract, or

• (e) the trader has declared, or it is clear from the circumstances, that the trader will not bring the digital content or digital service into conformity with the digital content contract or digital service contract within a reasonable time or without significant inconvenience for the consumer.

• (2) If under the digital content contract or digital service contract the digital content or digital service is supplied for the payment of a price, the consumer shall have the right—

• (a) to a proportionate reduction in the price in accordance with section 63, or

• (b) subject to subsection (3), to terminate the contract in accordance with section 66.

• (3) The consumer shall have the right to terminate the contract under subsection (2) only if the lack of conformity with the contract is not minor.

• (4) If under the digital content contract or digital service contract the digital content or digital service is supplied other than for the payment of a price, the consumer shall have the right to terminate the contract in accordance with section 66.

• (5) In determining for the purpose of subsection (1)(d) whether the lack of conformity of the digital content or digital service with the digital content contract or digital service contract is of such a serious nature as to justify an immediate reduction in the price or termination of the contract, regard shall be had to the nature and severity of the lack of conformity, including whether that lack is such that—

• (a) the consumer cannot maintain confidence in the ability of the trader to bring the digital content or digital service into conformity with the contract, and

• (b) the ability of the consumer to make normal use of the digital content or digital service is severely affected and the consumer cannot reasonably be expected to trust that it would be remedied by the trader’s attempt to bring the digital content or digital service into conformity with the contract.

• (6) In case of dispute, it shall be for the trader to show that the lack of conformity of the digital content or digital service with the digital content contract or digital service contract is minor for the purposes of subsection (3).

63. Price reduction: digital content contract or digital service contract

63. (1) This section applies where the consumer has the right under section 62(2)(a) to a proportionate reduction in the price.

• (2) The right of the consumer under this section is the right—

• (a) to require the trader to reduce in accordance with subsection (3) the price that the consumer is required to pay under the digital content contract or digital service contract, or

• (b) to receive from the trader a reimbursement of the price paid by the consumer in excess of the amount of the reduction applicable under subsection (3).

• (3) The reduction in the price shall be proportionate to the decrease in the value of the digital content or digital service supplied to the consumer compared with the value that the digital content or digital service would have if it were in conformity with the digital content contract or digital service contract.

• (4) Where the digital content contract or digital service contract provides that the digital content or digital service shall be supplied for a period specified in the contract in exchange for the payment of a price, the reduction in price shall apply to the period during which the digital content or digital service was not in conformity with the digital content contract or digital service contract.

• (5) Where the consumer has the right to reimbursement under subsection (2)(b), the trader shall reimburse the consumer in accordance with section 68.

64. Modification of digital content or digital service

64. (1) Where—

• (a) the digital content contract or digital service contract provides that the digital content or digital service is to be supplied or made accessible to the consumer for a period specified in the contract, and

• (b) the conditions specified in subsection (2) are met,

the trader may modify the digital content or digital service beyond what is necessary to maintain the digital content or digital service in conformity with the digital content contract or digital service contract.

• (2) The conditions referred to in subsection (1) are—

• (a) the digital content contract or digital service contract allows, and provides a valid reason for, such a modification,

• (b) such a modification is made without additional cost to the consumer,

• (c) the consumer is informed in a clear and comprehensible manner of the modification, and

• (d) the consumer is informed reasonably in advance on a durable medium of the features and time of the modification and of—

• (i) the right to terminate the digital content contract or digital service contract in accordance with subsection (3), or

• (ii) the possibility to maintain the digital content or digital service without such a modification in accordance with subsection (4)(b).

• (3) Subject to subsection (4), the consumer shall have the right to terminate the digital content contract or digital service contract free of charge if the modification of the digital content or digital service negatively affects the consumer’s access to, or use of, the digital content or digital service.

• (4) The right of the consumer to terminate the digital content contract or digital service contract under subsection (3) shall not apply if—

• (a) the negative effect of the modification on the consumer’s access to, or use of, the digital content or digital service is minor, or

• (b) the trader has enabled the consumer to maintain the unmodified digital content or digital service without additional cost, and the unmodified digital content or digital service remains in conformity with the digital content contract or digital service contract.

• (5) In objectively ascertaining the effect of the modification of the digital content or digital service on the consumer’s access to, or use of, the digital content or digital service, regard shall be had to—

• (a) the nature and purpose of the digital content or digital service, and

• (b) the quality, functionality, compatibility and other main features normally found in digital content or a digital service of the same type.

• (6) Where the consumer has the right to terminate the digital content contract or digital service contract under subsection (3) and wishes to exercise that right—

• (a) the consumer shall exercise the right in accordance with section 66 before the expiry of the period of 30 days beginning on whichever is the later of—

• (i) the day on which the consumer was informed of the modification, and

• (ii) the day on which the digital content or digital service was modified by the trader,

and

• (b) the trader shall—

• (i) comply with the obligations under section 67, and

• (ii) make any reimbursement due to the consumer in accordance with section 68.

• (7) Where—

• (a) the trader has—

• (i) exercised the power conferred by subsection (1), and

• (ii) enabled the consumer to maintain the unmodified digital content or digital service,

and

• (b) that digital content or digital service does not satisfy the requirements of sections 53 to 55,

the consumer shall be entitled to the remedies in sections 61, 62 and 69.

• (8) This section shall not apply where a bundle of electronic communications services or a bundle of such services and terminal equipment within the scope of Article 107 of Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018⁸ establishing the European Electronic Communications Code (Recast) includes elements of an internet access service or a number-based interpersonal communications service.

65. Remedies where contract also provides for sale of goods etc.

65. (1) This section applies where digital content or a digital service is supplied to a consumer under a contract that provides also for—

• (a) the sale of goods, or

• (b) the supply of a service.

• (2) Where the conditions in subsection (3) are met, the consumer shall have the right—

• (a) to terminate the contract, or

• (b) to obtain a proportionate reduction in the price payable under the contract.

• (3) The conditions referred to in subsection (2) are the following:

• (a) if the contract were a contract for the supply of digital content or a digital service only, the consumer would have the right under section 62 to obtain a proportionate reduction in the price or to terminate the contract;

• (b) the value of the goods or service to the consumer would be materially reduced in the absence of the digital content or digital service.

• (4) In objectively determining for the purposes of subsection (2)(b) whether a reduction in the value of goods or a service is material, all the circumstances shall be taken into account, including in particular—

• (a) the nature and purpose of the contract,

• (b) the relative value of the different elements of the contract, and

• (c) the nature and degree of the inter-dependence of the different elements of the contract.

• (5) Where the consumer exercises the right to terminate a contract under subsection (2)—

• (a) the consumer shall comply with the obligations in section 66(3) and (4), and

• (b) the trader with whom the consumer has that contract shall comply with the obligations in section 67.

• (6) This section shall not apply where a bundle of electronic communications services or a bundle of such services and terminal equipment within the scope of Article 107 of Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018⁹ establishing the European Electronic Communications Code (Recast) includes elements of an internet access service or a number-based interpersonal communications service.

66. Obligations of consumer in event of termination of digital content contract or digital service contract

66. (1) Subject to section 65(4)(a), this section applies where a consumer has the right under section 50(2), 60(1) or (2), 62(2)(b) or 64(3) to terminate a digital content contract or digital service contract.

• (2) The consumer shall exercise the right to terminate a digital content contract or digital service contract by means of a statement to the trader expressing the decision to terminate the contract.

• (3) On and after the termination of the digital content contract or digital service contract, the consumer shall not use the digital content or digital service or make it available to any third person.

• (4) Where the digital content was supplied on a tangible medium, the consumer shall, on receipt of a request from the trader under section 67(3), return the tangible medium to the trader without undue delay.

• (5) The consumer shall not be liable to pay for any use made of the digital content or digital service in the period prior to the termination of the digital content contract or digital service contract during which the digital content or the digital service was not in conformity with the contract.

• (6) If a consumer fails to comply with an obligation imposed by subsection (3) or (4), he or she shall be liable in damages for any loss or damage suffered by the trader as a result of the failure.

• (7) The consumer’s liability in damages under subsection (6) shall be without prejudice to any other remedy available under any enactment or rule of law to the trader.

67. Obligations of trader where digital content contract or digital service contract terminated

67. (1) Subject to subsections (2) and (4), where the consumer exercises the right under section 50(2), 60(1) or (2), 62(2)(b) or 64(3) to terminate a digital content contract or digital service contract, the trader shall reimburse the consumer in accordance with section 68 for all payments made under the contract.

• (2) Where the digital content contract or digital service contract provides for the supply of the digital content or digital service for a period specified in the contract in exchange for the payment of a price and the digital content or digital service was in conformity with the digital content contract or digital service contract for a period prior to the termination of the contract, the trader shall reimburse the consumer only for—

• (a) the proportionate part of the price paid corresponding to the period of time during which the digital content or digital service was not in conformity with the contract, and

• (b) any part of the price paid by the consumer in advance for any period of the contract that would have remained had the contract not been terminated.

• (3) Where the consumer terminates a digital content contract or digital service contract under which digital content was supplied on a tangible medium, the trader may request that the consumer return the tangible medium to the trader without undue delay.

• (4) Where the trader makes a request under subsection (3)—

• (a) the request shall be made within 14 days of the day on which the trader was informed of the consumer’s decision to terminate the contract, and

• (b) the trader shall be liable for the cost of returning the tangible medium.

• (5) Subject to subsection (6), the trader shall not use any content that was provided or created by the consumer when using the digital content or digital service supplied by the trader under the digital content contract or digital service contract.

• (6) The trader may use content such as is referred to in subsection (5) where the content is not personal data and the content—

• (a) has no utility outside the context of the digital content or digital service supplied by the trader,

• (b) relates only to the consumer’s activity when using the digital content or digital service supplied by the trader,

• (c) has been aggregated with other data by the trader and cannot be disaggregated or can be disaggregated only with disproportionate effort, or

• (d) has been generated jointly by the consumer and others, and other consumers are able to continue to make use of the content.

• (7) Subject to subsection (8), the trader shall, at the request of the consumer, make available to the consumer any content (other than personal data), which was provided or created by the consumer when using the digital content or digital service supplied by the trader under the digital content contract or digital service contract.

• (8) The trader need not make available any content which falls within any of paragraphs (a) to (c) of subsection (6).

• (9) The consumer shall be entitled to retrieve the digital content made available to him or her in accordance with subsection (7)—

• (a) free of charge,

• (b) without hindrance from the trader,

• (c) within a reasonable time, and

• (d) in a commonly used and machine-readable format.

• (10) Without prejudice to subsections (7) and (8), the trader may prevent any further use of the digital content or digital service by the consumer, in particular by making the digital content or digital service inaccessible to the consumer or disabling the user account of the consumer.

68. Time limits and means of reimbursement by trader: digital content contract or digital service contract

68. (1) Subject to subsection (2), where the trader is required by section 63(5), 64(6)(b)(ii) or 67(1) to reimburse the consumer, the trader shall carry out the reimbursement—

• (a) without undue delay and in any event before the expiry of the period of 14 days beginning on the date on which the trader was informed of the consumer’s decision to exercise the right to a price reduction or to terminate the digital content contract or digital service contract,

• (b) using the same means of payment as the consumer used to pay for the digital content or digital service, unless the consumer expressly agrees otherwise and provided that the consumer does not incur any fees as a result of such reimbursement, and

• (c) without the imposition of any fee on the consumer in respect of the reimbursement.

• (2) Where the reimbursement relates to digital content supplied on a tangible medium, the trader may withhold the reimbursement until the trader has received—

• (a) the tangible medium back, or

• (b) if the trader so chooses, evidence provided by the consumer of having returned the tangible medium.

• (3) If a trader fails to comply with the obligation to reimburse the consumer in accordance with this section, the trader shall be liable in damages for any loss or damage suffered by the consumer as a result of the failure.

69. General right to withhold payment digital content contract or digital service contract

69. (1) Subject to subsection (2), where the trader fails to comply with the obligation to supply digital content or a digital service that is in conformity with the digital content contract or digital service contract, the consumer shall have the right to withhold payment of any outstanding part of the price until the trader has fulfilled the trader’s obligation to supply digital content or a digital service that is in conformity with the digital content contract or digital service contract.

• (2) The part of the price withheld by the consumer under subsection (1) shall be proportionate to the decrease in the value of the digital content or digital service received by the consumer compared with the value that the digital content or digital service would have if it were in conformity with the contract.

• (3) The consumer shall exercise the right to withhold payment under subsection (1) by means of a statement to the trader expressing the consumer’s decision to withhold payment until the trader has fulfilled the trader’s obligation to supply digital content or a digital service that is in conformity with the digital content contract or digital service contract.

70. Effect of termination of digital content contract or digital service contract on ancillary contract

70. (1) Where a consumer terminates a digital content contract or digital service contract in accordance with section 66, any ancillary contract shall be automatically terminated without any cost to the consumer.

• (2) Where a trader is informed by a consumer in accordance with section 66 of the consumer’s decision to terminate a digital content contract or digital service contract, the trader shall inform any other trader with whom the consumer has an ancillary contract of its termination by subsection (1).

• (3) Where an ancillary contract is terminated by subsection (1)—

• (a) the trader with whom the consumer has that contract shall comply with the obligations in section 67, and

• (b) the consumer shall comply with the obligations in section 66(3) and (4).

• (4) Where any security has been provided under an ancillary contract that is terminated by subsection (1), it is to be treated as never having had effect and any property lodged with the trader or a person other than the trader (a “third party”) solely for the purposes of that security shall be returned immediately by the trader or third party.

• (5) In this section, “ancillary contract”, in relation to a digital content contract or digital service contract concluded between a consumer and a trader (in this subsection referred to as the “principal contract”), means another contract concluded between that consumer and that trader, or that consumer and a third party, under which—

• (a) the trader, or

• (b) in pursuance of arrangements made between the trader and a third party, the third party,

supplies to the consumer goods, digital content, a digital service or a service related to the principal contract.

71. Exclusion or limitation of liability of trader (Part 3)

71. (1) A term of a digital content contract or a digital 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 50 (right to supply digital content or digital service);

• (b) section 51 (duty to supply digital content or digital service);

• (c) section 52 (digital content or digital service to be in conformity with digital content contract or digital service contract);

• (d) section 53 (subjective requirements for conformity with digital content contract or digital service contract);

• (e) section 54 (objective requirements for conformity with digital content contract or digital service contract);

• (f) section 55 (incorrect integration of digital content or digital service);

• (g) section 56 (implied terms of digital content contract or digital service contract);

• (h) section 57 (third party rights);

• (i) section 58 (liability of trader under digital content contract or digital service contract);

• (j) section 59 (burden of proof under digital content contract or digital service contract).

• (2) A term of a digital content contract or a digital 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 person 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.

72. Right of redress of trader (Part 3)

72. Where the trader is liable to the consumer because of—

• (a) any failure to supply the digital content or digital service under a digital content contract or digital service contract in accordance with section 51, or

• (b) a lack of conformity of the digital content or digital service with the digital content contract or digital service contract,

resulting from an act or omission of a person constituting a previous link in the chain of transactions relating to the digital content contract or digital service contract, the trader shall be entitled to pursue remedies against the person in the chain of transactions liable for the failure or, as the case may be, lack of conformity.

73. Other remedies

73. (1) The remedies provided for in this Chapter do not affect the right of the consumer to pursue other remedies (without recovering twice for the same loss) where digital content or a digital service is not in conformity with the digital content contract or digital service contract or the trader otherwise fails to comply with the requirements of this Part.

• (2) The other remedies referred to in subsection (1) include in particular any of the following remedies that may be available to the consumer:

• (a) claiming damages;

• (b) relying on the failure of the trader to comply with the requirements of this Part against a claim under the digital content contract or digital service contract by the trader for payment of the price;

• (c) seeking to recover money paid to the trader for digital content or a digital service that does not comply with the requirements of this Part;

• (d) having a lack of conformity of the digital content or digital service with the digital content contract or digital service contract remedied elsewhere and recovering from the trader all reasonable costs incurred in having the lack of conformity so remedied.

PART 4 Service contracts

Chapter 1 Interpretation and application (Part 4)

74. Interpretation (Part 4)

74. (1) In this Part—

“consumer-hire agreement” has the same meaning as it has in the Act of 1995;

“free of charge” means free of any costs necessarily incurred in remedying the lack of conformity of a service with the service contract, including the cost of labour and materials;

“hire-purchase agreement” has the same meaning as it has in the Act of 1995.

• (2) A reference in this Part to a service being in conformity with a service contract is to be construed in accordance with section 79(2).

75. Application (Part 4)

75. (1) Subject to subsection (3) and sections 80(1), 86(1)(g), 88 and 92 to 94, this Part applies to any contract specified in subsection (2) that is concluded between a trader and a consumer on or after the day on which this section comes into operation.

• (2) The contracts referred to in subsection (1) are—

• (a) a service contract, and

• (b) where a single contract between a trader and a consumer relates to the supply of a service and—

• (i) the sale of goods,

• (ii) the supply of digital content, or

• (iii) the supply of a digital service,

that contract but only in so far as it relates to the supply of the service.

• (3) This Part does not apply to—

• (a) a contract for rental of accommodation for residential purposes concluded between a trader and a consumer, or

• (b) goods supplied under a consumer-hire agreement or a hire-purchase agreement.

• (4) A reference in Chapter 2 or 3 of this Part to a service contract shall be construed as a reference to any contract to which this Part applies.