(LRC Revised)

Number 16 of 1980

SALE OF GOODS AND SUPPLY OF SERVICES ACT 1980

REVISED

Updated to 29 November 2022

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an administrative consolidation of the

Sale of Goods and Supply of Services Act 1980

. It is prepared by the Law Reform Commission in accordance with its function under

the

Law Reform Commission Act 1975

(3/1975) to keep the law under review and to undertake revision and consolidation

of statute law.

All Acts up to and including the

Consumer Rights Act 2022

(37/2022), enacted 7 November 2022, and all statutory instruments up to and including

the

Social Welfare (Carer’s Support Grant) (Temporary Provisions) Regulations

2022

(S.I. No. 722 of 2022), made 29 November 2022, were considered in the

preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act,

the Law Reform Commission can assume no responsibility for and give no guarantees,

undertakings or warranties concerning the accuracy, completeness or up to date nature

of the information provided and does not accept any liability whatsoever arising from

any errors or omissions. Please notify any errors, omissions and comments by email

to

revisedacts@lawreform.ie.

Number

16

of

1980

SALE OF GOODS AND SUPPLY OF SERVICES ACT 1980

REVISED

Updated to 29 November

2022

ARRANGEMENT OF SECTIONS

PART I

Section

1.

Short title.

2.

Interpretation generally.

3.

Dealing as consumer.

(Repealed)

4.

Saving.

5.

Orders.

6.

Penalties.

7.

Prosecution of offences.

8.

Expenses.

PART II

Sale of Goods

9.

Citation and construction of Part II.

Conditions and Warranties

10.

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

11.

Statements purporting to restrict rights of buyer.

12.

Implied warranty for spare parts and servicing.

13.

Implied condition on sale of motor vehicles.

14.

Liability of finance

houses.

(Repealed)

Guarantees

15.

Definition of guarantee.

16.

Terms of guarantee.

17.

Liability of seller under guarantee.

18.

Exclusion of buyer’s rights under guarantee.

19.

Right of action under guarantee.

Performance of Contract

20.

Sale of Goods Act, 1893, sections 34 and 35.

Remedies for Breach of Contract

21.

Sale of Goods Act, 1893, section 53.

Supplementary

22.

Sale of Goods Act, 1893, section 55.

23.

Sale of Goods Act, 1893, section 55A.

24.

International sales.

PART III

Hire-Purchase Agreements

25.

Citation and construction of

Part III.

(Repealed)

26.

Implied terms as to

title.

(Repealed)

27.

Letting by description.

(Repealed)

28.

Implied undertakings as to

quality or fitness.

(Repealed)

29.

Samples.

(Repealed)

30.

Statements purporting to

restrict rights of hirer.

(Repealed)

31.

Exclusion of implied terms and

conditions.

(Repealed)

32.

Liability of persons

conducting negotiations antecedent to hire-purchase agreements.

(Repealed)

33.

Application of sections 12, 15

to 19 to hire-purchase agreements.

(Repealed)

34.

Application of section 13 to

hire-purchase of motor vehicles.

(Repealed)

35.

Antecedent negotiations and

representations.

(Repealed)

36.

Conflict of laws.

(Repealed)

37.

International hire-purchase

agreements.

(Repealed)

38.

Goods let otherwise than under

hire-purchase agreement.

(Repealed)

PART IV

Supply of Services

38A.

Application of Part.

39.

Implied undertakings as to quality of service.

40.

Exclusion of implied terms.

41.

Statements purporting to restrict rights of recipient of service.

42.

Conflict of laws.

PART V

Misrepresentation

43.

“Contract”.

44.

Removal of certain bars to rescission for innocent misrepresentation.

45.

Damages for misrepresentation.

46.

Avoidance of certain provisions excluding liability for misrepresentation.

PART VI

Miscellaneous

47.

Unsolicited goods.

48.

Directory entries.

49.

Invoices.

50.

Power to withdraw acceptance

of contract.

(Repealed)

51.

Required particulars in contracts, guarantees and related writings.

52.

Notice as to use of standard form of contract.

53.

Size of type in printed

contracts and other documents.

(Repealed)

54.

Contracts required to be in

writing.

(Repealed)

55.

Functions of Director of

Consumer Affairs.

(Repealed)

56.

Consultation with Minister for Finance.

57.

Construction of sections 9 and 18 of the Consumer Information Act, 1978.

SCHEDULE

Fair and Reasonable Terms

Number

16

of

1980

SALE OF GOODS AND SUPPLY OF SERVICES ACT 1980

REVISED

Updated to 29 November

2022

AN ACT TO AMEND THE LAW RELATING TO THE SALE OF GOODS, HIRE-PURCHASE AGREEMENTS AND

CONTRACTS FOR THE SUPPLY OF SERVICES AND TO PROVIDE FOR RELATED MATTERS. [30

th June

, 1980]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS

Annotations

Modifications (not altering text)

C1

National Consumer Agency and Competition Authority dissolved and transfer of their

functions to Competition and Consumer Protection Commission effected (31.10.2014,

establishment date) by

Competition and Consumer Protection Act 2014

(29/2014), s. 38, 39, effectively commenced by Establishment Day Order S.I. No. 367

of 2014.

Dissolution of National Consumer Agency and Competition Authority

38.

(1) The National Consumer Agency and the Competition Authority (each of which is,

in this Act, referred to as a “dissolved body”) are dissolved.

(2) This section shall come into operation on the establishment day.

Transfer of functions to

Commission

39.

(1) All functions that, immediately before the establishment day, were vested in

the dissolved bodies are transferred to the Commission.

(2) References in any Act of the Oireachtas passed before the establishment day or

in any instrument made before that day under an Act of the Oireachtas to—

(a) the National Consumer Agency, or

(b) the Competition Authority,

shall, on and after that day, be construed as references to the Commission.

(3) A reference in any Act of the Oireachtas passed before the establishment day or

in any instrument made before that day under an Act of the Oireachtas to the chief

executive of the National Consumer Agency shall, on and after that day, be construed

as a reference to the chairperson of the Commission.

(4) This section shall come into operation on the establishment day.

C2

Transfer of functions of Director of Consumer Affairs to National Consumer Agency

effected (1.05.2007, establishment date) by

Consumer Protection Act 2007

(19/2007), s. 37 and sch. 1, effectively commenced by Establishment Day Order S.I.

No. 179 of 2007.

Transfer of functions to

Agency.

37.

— (1) The administration and business in connection with the exercise, performance

or execution of any of the functions transferred by subsection (2) are transferred

to the Agency on the establishment day.

C3

Relationship between Act and

European Communities (Certain Aspects of the Sale of Consumer Goods and Associated

Guarantees) Regulations 2003

explained (22.01.2003) by

European Communities (Certain Aspects of the Sale of Consumer Goods and Associated

Guarantees) Regulations 2003

(S.I. No. 11 of 2003), reg. 3.

Relationship between

Regulations and consumer protection enactments.

3.

(1) Subject to paragraphs (3) and (4), these Regulations are in addition to, and

not in substitution for, any other enactment relating to the sale of goods or the

terms of contracts concluded with consumers, and in particular —

(a) the Sale of Goods and Supply of Services Acts 1893 and 1980,

and

(b) the European Communities (Unfair Terms in Consumer Contracts) Regulations 1995

(S.I. No. 27 of 1995).

(2) In particular, Regulation 4 is in addition to, and not in substitution for, a

provision of any other enactment that provides that a consumer shall not be deprived,

by virtue of a choice of the kind mentioned in that Regulation, of the protection

afforded by any enactment.

(3) In a case where the level of protection for the consumer afforded by a particular

provision of these Regulations is greater than that afforded by a particular provision

of another enactment, or to the extent that the invocation of a latter such provision

by the consumer would diminish the first-mentioned level of protection for him or

her —

(a) the consumer may opt to invoke the particular provision of these Regulations to

the exclusion of the other provision, and

(b) the other provision may be invoked, and shall be construed and operate so as to

be capable of being invoked, by the consumer in a manner that does not diminish the

first-mentioned level of protection for him or her,

but nothing in this paragraph operates to extend the application of these Regulations

to a person who is not a consumer within the meaning of these Regulations or to goods

that are not consumer goods within the meaning of these Regulations.

(4) In a case where the level of protection for the consumer afforded by a particular

provision of any other enactment is greater than that afforded by a particular provision

of these Regulations, or to the extent that the invocation of a latter such provision

by the consumer would diminish the first-mentioned level of protection for him or

her —

(a) the consumer may opt to invoke the particular provision of that other enactment

to the exclusion of the other provision of these Regulations, and

(b) that other provision of these Regulations may be invoked, and shall be construed

and operate so as to be capable of being invoked, by the consumer in a manner that

does not diminish the first-mentioned level of protection for him or her,

but nothing in this paragraph operates to afford to any person the protection of that

provision of the other enactment in any case where it would not otherwise be so afforded.

C4

Application of Act not restricted (13.05.1996) by

Consumer Credit Act 1995

(24/1995), s. 42(1), S.I. No. 121 of 1996.

Liability regarding goods and

services.

42.

—(1) The existence of a credit agreement shall not in any way affect the rights of

the consumer under the Act of 1980 against the supplier of goods or services purchased

by means of such an agreement in cases where the goods or services are not supplied

or are otherwise not in conformity with the contract for their supply.

...

C5

Application of Act confirmed (8.12.1994) by

European Communities (Life Assurance) Framework Regulations 1994

(S.I. No. 360 of 1994), reg. 43(b).

General good

requirements.

43.

— In conformity with the general good in accordance with the laws of the European Communities,

an insurance undertaking shall, in particular, comply with the following criteria—

...

( b ) the provisions of the Sale of Goods and Supply of Services Act, 1980, applicable

to insurance contracts and the marketing and selling of insurance products;

...

C6

Application of Act confirmed (8.12.1994) by

European Communities (Non-Life Insurance) Framework Regulations 1994

(S.I. No. 359 of 1994), reg. 24(d).

General Good

Requirements.

24.

— In conformity with the general good in accordance with the law of the European Communities,

an insurance undertaking shall, in particular, comply with the following criteria—

...

( d ) the provisions of the Sale of Goods and Supply of Service Act, 1980, applicable

to insurance contracts and the marketing and selling of insurance products,

...

C7

Application of Act restricted (1.05.1991) by

International Carriage of Goods by Road Act 1990

(13/1990), s. 3(3), S.I. No. 22 of 1991 (commenced in relation to carriage other

than carriage between the State and the United Kingdom of Great Britain and Northern

Ireland).

Application of certain

enactments in relation to CMR.

3.

—...

(3) The Carriers Act, 1830, section 7 of the Railway and Canal Traffic Act, 1854,

the Sale of Goods Act, 1893, and the Sale of Goods and Supply of Services Act, 1980,

shall not apply in relation to contracts for the carriage of goods if the carriage

is carriage in relation to which CMR applies.

...

C8

Application of Act affected (9.07.1980) by

Trading Stamps Act 1980

(23/1980), s. 8, commenced on enactment.

Application of Sale of Goods

Act, 1893, and Sale of Goods and Supply of Services Act, 1980.

8.

— (1) For the purposes of the Sale of Goods Act, 1893, and the Sale of Goods and Supply

of Services Act, 1980, the publication by a company which is the promoter of a trading

stamp scheme of a catalogue shall be regarded as an offer, and the tender within the

prescribed period of validity of the appropriate number of stamps shall be regarded

as an acceptance, in the same way as if the offer and the acceptance were for a monetary

consideration.

(2) The provisions of the Sale of Goods Act, 1893, and of the Sale of Goods and Supply

of Services Act, 1980, shall apply in every case where the promoter of a trading stamp

scheme offers goods or services in exchange for trading stamps.

(3) Where a person other than a promoter of a trading stamp scheme offers goods or

services in exchange for trading stamps, the provisions of the Sale of Goods Act,

1893, and of the Sale of Goods and Supply of Services Act, 1980, shall apply in the

same way as if that exchange were for a monetary consideration.

Editorial Notes

E1

Power granted to Minister, in determining whether a road transport operator has satisfied

or continues to satisfy the requirement of good repute, to consider whether the operator

or a person holding a specified position with the operator has, within the previous

10 years, been convicted of an offence under Act (4.12.2011) by

European Union (Occupation of Road Transport Operator) Regulations 2011

(S.I. No. 697 of 2011), reg. 6 and sch.

E2

Obligation imposed on persons who hold a specified position with a road transport

operator and who is or has been convicted of an offence under Act to inform the operator

in writing of the fact of the conviction (4.12.2011) by

European Union (Occupation of Road Transport Operator) Regulations 2011

(S.I. No. 697 of 2011), reg. 8.

E3

Obligation imposed on applicant of a tour operator licence to disclose any prosecutions

against the applicant or any director, shadow director, shareholder or partner under

Act and the outcome of any such prosecutions (1.07.1993) by

Tour Operators (Licensing) Regulations 1993

(S.I. No. 182 of 1993), reg. 6(a) and sch. 1, in effect as per reg. 2.

E4

Obligation imposed on applicant of a travel agent’s licence to disclose any prosecutions against the applicant or any director, shadow

director, shareholder or partner under Act and the outcome of any such prosecutions

(1.07.1993) by

Travel Agents (Licensing) Regulations 1993

(S.I. No. 183 of 1993), reg. 6(a) and sch. 1, in effect as per reg. 2.

E5

Previous affecting provisions: enforcement of Act provided for

(1.05.2007) by

Consumer Protection Act 2007

(19/2007), s. 73(8) and sch. 4

(written undertaking to comply or to refrain from act or practice, compensate,

reimburse or return item, or publish advertisement containing a corrective

statement) and s. 75(2) and sch. 5 (service of compliance notice by authorised

officer), S.I. No. 178 of 2007. Note that the

Consumer Protection Act 2007

,

s. 86 (publication of traders’ names, consumer protection list) also applies

to these forms of enforcement, and s. 94 gives the Central Bank and Financial

Services Authority functions in respect of, among other provisions, ss. 73, 75 and

86 of the 2007 Act. The Act was removed from schs. 4, 5 above (29.11.2022) by

Consumer Rights Act 2022

(37/2022), s. 8 and sch. 1 ref. 2, S.I. No. 596

of 2022.

E6

Previous affecting provision: obligation imposed on applicant of a tour operator

licence to disclose any prosecutions against the applicant or any director, shadow

director, shareholder or partner under Act and the outcome of any such prosecutions

(13.04.1983) by

Tour Operators (Licensing) Regulations 1983

(S.I. No. 100 of 1983), reg. 6(a) and sch. 1, in effect as per reg. 2; as amended

(2.07.1987) by

Tour Operators (Licensing) (Amendment) Regulations 1987

(S.I. No. 175 of 1987), in effect as per reg. 2, and (1.07.1992) by

Tour Operators (Licensing) (Amendment) Regulations 1992

(S.I. No. 176 of 1992), in effect as per reg. 2; subsequently revoked (1.07.1993)

by

Tour Operators (Licensing) Regulations 1993

(S.I. No. 182 of 1993), reg. 17, in effect as per reg. 2.

E7

Previous affecting provision: obligation imposed on applicant of a travel agent’s licence to disclose any prosecutions against the applicant or any director, shadow

director, shareholder or partner under Act and the outcome of any such prosecutions

(13.04.1983) by

Travel Agents (Licensing) Regulations 1983

(S.I. No. 101 of 1983), reg. 6(a) and sch. 1, in effect as per reg. 2; as amended

(2.07.1987) by

Travel Agents (Licensing) (Amendment) Regulations 1987

(S.I. No. 176 of 1987), in effect as per reg. 2, and (1.07.1992) by

Travel Agents (Licensing) (Amendment) Regulations 1992

(S.I. No. 175 of 1992), in effect as per reg. 2; subsequently revoked (1.07.1993)

by

Travel Agents (Licensing) Regulations 1993

(S.I. No. 183 of 1993), reg. 17, in effect as per reg. 2.

Annotations

Modifications (not altering text)

C1

National Consumer Agency and Competition Authority dissolved and transfer of their

functions to Competition and Consumer Protection Commission effected (31.10.2014,

establishment date) by

Competition and Consumer Protection Act 2014

(29/2014), s. 38, 39, effectively commenced by Establishment Day Order S.I. No. 367

of 2014.

Dissolution of National Consumer Agency and Competition Authority

38.

(1) The National Consumer Agency and the Competition Authority (each of which is,

in this Act, referred to as a “dissolved body”) are dissolved.

(2) This section shall come into operation on the establishment day.

Transfer of functions to

Commission

39.

(1) All functions that, immediately before the establishment day, were vested in

the dissolved bodies are transferred to the Commission.

(2) References in any Act of the Oireachtas passed before the establishment day or

in any instrument made before that day under an Act of the Oireachtas to—

(a) the National Consumer Agency, or

(b) the Competition Authority,

shall, on and after that day, be construed as references to the Commission.

(3) A reference in any Act of the Oireachtas passed before the establishment day or

in any instrument made before that day under an Act of the Oireachtas to the chief

executive of the National Consumer Agency shall, on and after that day, be construed

as a reference to the chairperson of the Commission.

(4) This section shall come into operation on the establishment day.

C2

Transfer of functions of Director of Consumer Affairs to National Consumer Agency

effected (1.05.2007, establishment date) by

Consumer Protection Act 2007

(19/2007), s. 37 and sch. 1, effectively commenced by Establishment Day Order S.I.

No. 179 of 2007.

Transfer of functions to

Agency.

37.

— (1) The administration and business in connection with the exercise, performance

or execution of any of the functions transferred by subsection (2) are transferred

to the Agency on the establishment day.

C3

Relationship between Act and

European Communities (Certain Aspects of the Sale of Consumer Goods and Associated

Guarantees) Regulations 2003

explained (22.01.2003) by

European Communities (Certain Aspects of the Sale of Consumer Goods and Associated

Guarantees) Regulations 2003

(S.I. No. 11 of 2003), reg. 3.

Relationship between

Regulations and consumer protection enactments.

3.

(1) Subject to paragraphs (3) and (4), these Regulations are in addition to, and

not in substitution for, any other enactment relating to the sale of goods or the

terms of contracts concluded with consumers, and in particular —

(a) the Sale of Goods and Supply of Services Acts 1893 and 1980,

and

(b) the European Communities (Unfair Terms in Consumer Contracts) Regulations 1995

(S.I. No. 27 of 1995).

(2) In particular, Regulation 4 is in addition to, and not in substitution for, a

provision of any other enactment that provides that a consumer shall not be deprived,

by virtue of a choice of the kind mentioned in that Regulation, of the protection

afforded by any enactment.

(3) In a case where the level of protection for the consumer afforded by a particular

provision of these Regulations is greater than that afforded by a particular provision

of another enactment, or to the extent that the invocation of a latter such provision

by the consumer would diminish the first-mentioned level of protection for him or

her —

(a) the consumer may opt to invoke the particular provision of these Regulations to

the exclusion of the other provision, and

(b) the other provision may be invoked, and shall be construed and operate so as to

be capable of being invoked, by the consumer in a manner that does not diminish the

first-mentioned level of protection for him or her,

but nothing in this paragraph operates to extend the application of these Regulations

to a person who is not a consumer within the meaning of these Regulations or to goods

that are not consumer goods within the meaning of these Regulations.

(4) In a case where the level of protection for the consumer afforded by a particular

provision of any other enactment is greater than that afforded by a particular provision

of these Regulations, or to the extent that the invocation of a latter such provision

by the consumer would diminish the first-mentioned level of protection for him or

her —

(a) the consumer may opt to invoke the particular provision of that other enactment

to the exclusion of the other provision of these Regulations, and

(b) that other provision of these Regulations may be invoked, and shall be construed

and operate so as to be capable of being invoked, by the consumer in a manner that

does not diminish the first-mentioned level of protection for him or her,

but nothing in this paragraph operates to afford to any person the protection of that

provision of the other enactment in any case where it would not otherwise be so afforded.

C4

Application of Act not restricted (13.05.1996) by

Consumer Credit Act 1995

(24/1995), s. 42(1), S.I. No. 121 of 1996.

Liability regarding goods and

services.

42.

—(1) The existence of a credit agreement shall not in any way affect the rights of

the consumer under the Act of 1980 against the supplier of goods or services purchased

by means of such an agreement in cases where the goods or services are not supplied

or are otherwise not in conformity with the contract for their supply.

...

C5

Application of Act confirmed (8.12.1994) by

European Communities (Life Assurance) Framework Regulations 1994

(S.I. No. 360 of 1994), reg. 43(b).

General good

requirements.

43.

— In conformity with the general good in accordance with the laws of the European Communities,

an insurance undertaking shall, in particular, comply with the following criteria—

...

( b ) the provisions of the Sale of Goods and Supply of Services Act, 1980, applicable

to insurance contracts and the marketing and selling of insurance products;

...

C6

Application of Act confirmed (8.12.1994) by

European Communities (Non-Life Insurance) Framework Regulations 1994

(S.I. No. 359 of 1994), reg. 24(d).

General Good

Requirements.

24.

— In conformity with the general good in accordance with the law of the European Communities,

an insurance undertaking shall, in particular, comply with the following criteria—

...

( d ) the provisions of the Sale of Goods and Supply of Service Act, 1980, applicable

to insurance contracts and the marketing and selling of insurance products,

...

C7

Application of Act restricted (1.05.1991) by

International Carriage of Goods by Road Act 1990

(13/1990), s. 3(3), S.I. No. 22 of 1991 (commenced in relation to carriage other

than carriage between the State and the United Kingdom of Great Britain and Northern

Ireland).

Application of certain

enactments in relation to CMR.

3.

—...

(3) The Carriers Act, 1830, section 7 of the Railway and Canal Traffic Act, 1854,

the Sale of Goods Act, 1893, and the Sale of Goods and Supply of Services Act, 1980,

shall not apply in relation to contracts for the carriage of goods if the carriage

is carriage in relation to which CMR applies.

...

C8

Application of Act affected (9.07.1980) by

Trading Stamps Act 1980

(23/1980), s. 8, commenced on enactment.

Application of Sale of Goods

Act, 1893, and Sale of Goods and Supply of Services Act, 1980.

8.

— (1) For the purposes of the Sale of Goods Act, 1893, and the Sale of Goods and Supply

of Services Act, 1980, the publication by a company which is the promoter of a trading

stamp scheme of a catalogue shall be regarded as an offer, and the tender within the

prescribed period of validity of the appropriate number of stamps shall be regarded

as an acceptance, in the same way as if the offer and the acceptance were for a monetary

consideration.

(2) The provisions of the Sale of Goods Act, 1893, and of the Sale of Goods and Supply

of Services Act, 1980, shall apply in every case where the promoter of a trading stamp

scheme offers goods or services in exchange for trading stamps.

(3) Where a person other than a promoter of a trading stamp scheme offers goods or

services in exchange for trading stamps, the provisions of the Sale of Goods Act,

1893, and of the Sale of Goods and Supply of Services Act, 1980, shall apply in the

same way as if that exchange were for a monetary consideration.

Editorial Notes

E1

Power granted to Minister, in determining whether a road transport operator has satisfied

or continues to satisfy the requirement of good repute, to consider whether the operator

or a person holding a specified position with the operator has, within the previous

10 years, been convicted of an offence under Act (4.12.2011) by

European Union (Occupation of Road Transport Operator) Regulations 2011

(S.I. No. 697 of 2011), reg. 6 and sch.

E2

Obligation imposed on persons who hold a specified position with a road transport

operator and who is or has been convicted of an offence under Act to inform the operator

in writing of the fact of the conviction (4.12.2011) by

European Union (Occupation of Road Transport Operator) Regulations 2011

(S.I. No. 697 of 2011), reg. 8.

E3

Obligation imposed on applicant of a tour operator licence to disclose any prosecutions

against the applicant or any director, shadow director, shareholder or partner under

Act and the outcome of any such prosecutions (1.07.1993) by

Tour Operators (Licensing) Regulations 1993

(S.I. No. 182 of 1993), reg. 6(a) and sch. 1, in effect as per reg. 2.

E4

Obligation imposed on applicant of a travel agent’s licence to disclose any prosecutions against the applicant or any director, shadow

director, shareholder or partner under Act and the outcome of any such prosecutions

(1.07.1993) by

Travel Agents (Licensing) Regulations 1993

(S.I. No. 183 of 1993), reg. 6(a) and sch. 1, in effect as per reg. 2.

E5

Previous affecting provisions: enforcement of Act provided for

(1.05.2007) by

Consumer Protection Act 2007

(19/2007), s. 73(8) and sch. 4

(written undertaking to comply or to refrain from act or practice, compensate,

reimburse or return item, or publish advertisement containing a corrective

statement) and s. 75(2) and sch. 5 (service of compliance notice by authorised

officer), S.I. No. 178 of 2007. Note that the

Consumer Protection Act 2007

,

s. 86 (publication of traders’ names, consumer protection list) also applies

to these forms of enforcement, and s. 94 gives the Central Bank and Financial

Services Authority functions in respect of, among other provisions, ss. 73, 75 and

86 of the 2007 Act. The Act was removed from schs. 4, 5 above (29.11.2022) by

Consumer Rights Act 2022

(37/2022), s. 8 and sch. 1 ref. 2, S.I. No. 596

of 2022.

E6

Previous affecting provision: obligation imposed on applicant of a tour operator

licence to disclose any prosecutions against the applicant or any director, shadow

director, shareholder or partner under Act and the outcome of any such prosecutions

(13.04.1983) by

Tour Operators (Licensing) Regulations 1983

(S.I. No. 100 of 1983), reg. 6(a) and sch. 1, in effect as per reg. 2; as amended

(2.07.1987) by

Tour Operators (Licensing) (Amendment) Regulations 1987

(S.I. No. 175 of 1987), in effect as per reg. 2, and (1.07.1992) by

Tour Operators (Licensing) (Amendment) Regulations 1992

(S.I. No. 176 of 1992), in effect as per reg. 2; subsequently revoked (1.07.1993)

by

Tour Operators (Licensing) Regulations 1993

(S.I. No. 182 of 1993), reg. 17, in effect as per reg. 2.

E7

Previous affecting provision: obligation imposed on applicant of a travel agent’s licence to disclose any prosecutions against the applicant or any director, shadow

director, shareholder or partner under Act and the outcome of any such prosecutions

(13.04.1983) by

Travel Agents (Licensing) Regulations 1983

(S.I. No. 101 of 1983), reg. 6(a) and sch. 1, in effect as per reg. 2; as amended

(2.07.1987) by

Travel Agents (Licensing) (Amendment) Regulations 1987

(S.I. No. 176 of 1987), in effect as per reg. 2, and (1.07.1992) by

Travel Agents (Licensing) (Amendment) Regulations 1992

(S.I. No. 175 of 1992), in effect as per reg. 2; subsequently revoked (1.07.1993)

by

Travel Agents (Licensing) Regulations 1993

(S.I. No. 183 of 1993), reg. 17, in effect as per reg. 2.

PART I

Section

1.

Short title.

2.

Interpretation generally.

3.

Dealing as consumer.

(Repealed)

4.

Saving.

5.

Orders.

6.

Penalties.

7.

Prosecution of offences.

8.

Expenses.

PART II

Sale of Goods

9.

Citation and construction of Part II.

Conditions and Warranties

10.

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

11.

Statements purporting to restrict rights of buyer.

12.

Implied warranty for spare parts and servicing.

13.

Implied condition on sale of motor vehicles.

14.

Liability of finance

houses.

(Repealed)

Guarantees

15.

Definition of guarantee.

16.

Terms of guarantee.

17.

Liability of seller under guarantee.

18.

Exclusion of buyer’s rights under guarantee.

19.

Right of action under guarantee.

Performance of Contract

20.

Sale of Goods Act, 1893, sections 34 and 35.

Remedies for Breach of Contract

21.

Sale of Goods Act, 1893, section 53.

Supplementary

22.

Sale of Goods Act, 1893, section 55.

23.

Sale of Goods Act, 1893, section 55A.

24.

International sales.

PART III

Hire-Purchase Agreements

25.

Citation and construction of

Part III.

(Repealed)

26.

Implied terms as to

title.

(Repealed)

27.

Letting by description.

(Repealed)

28.

Implied undertakings as to

quality or fitness.

(Repealed)

29.

Samples.

(Repealed)

30.

Statements purporting to

restrict rights of hirer.

(Repealed)

31.

Exclusion of implied terms and

conditions.

(Repealed)

32.

Liability of persons

conducting negotiations antecedent to hire-purchase agreements.

(Repealed)

33.

Application of sections 12, 15

to 19 to hire-purchase agreements.

(Repealed)

34.

Application of section 13 to

hire-purchase of motor vehicles.

(Repealed)

35.

Antecedent negotiations and

representations.

(Repealed)

36.

Conflict of laws.

(Repealed)

37.

International hire-purchase

agreements.

(Repealed)

38.

Goods let otherwise than under

hire-purchase agreement.

(Repealed)

PART IV

Supply of Services

38A.

Application of Part.

39.

Implied undertakings as to quality of service.

40.

Exclusion of implied terms.

41.

Statements purporting to restrict rights of recipient of service.

42.

Conflict of laws.

PART V

Misrepresentation

43.

“Contract”.

44.

Removal of certain bars to rescission for innocent misrepresentation.

45.

Damages for misrepresentation.

46.

Avoidance of certain provisions excluding liability for misrepresentation.

PART VI

Miscellaneous

47.

Unsolicited goods.

48.

Directory entries.

49.

Invoices.

50.

Power to withdraw acceptance

of contract.

(Repealed)

51.

Required particulars in contracts, guarantees and related writings.

52.

Notice as to use of standard form of contract.

53.

Size of type in printed

contracts and other documents.

(Repealed)

54.

Contracts required to be in

writing.

(Repealed)

55.

Functions of Director of

Consumer Affairs.

(Repealed)

56.

Consultation with Minister for Finance.

57.

Construction of sections 9 and 18 of the Consumer Information Act, 1978.

SCHEDULE

Fair and Reasonable Terms