Sale of Goods Act 1893

F14 [ Exclusion of implied terms and conditions.

55

55. (1) Subject to the subsequent provisions of this section, where any right, duty or liability would arise under a contract of sale of goods by implication of law, it may be negatived or varied by express agreement, or by the course of dealing between the parties, or by usage if the usage is such as to bind both parties to the contract.

(2) An express condition or warranty does not negative a condition or warranty implied by this Act unless inconsistent therewith.

(3) In the case of a contract of sale of goods, any term of that or any other contract exempting from all or any of the provisions of section 12 of this Act shall be void.

(4) In the case of a contract of sale of goods, any term of that or any other contract exempting from all or any of the provisions of section 13, 14 or 15 of this Act shall be void where the buyer deals as consumer and shall, in any other case, not be enforceable unless it is shown that it is fair and reasonable.

(5) Subsection (4) shall not prevent the court from holding, in accordance with any rule of law, that a term which purports to exclude or restrict any of the provisions of section 13, 14 or 15 of this Act is not a term of the contract.

(6) Any reference in this section to a term exempting from all or any of the provisions of any section of this Act is a reference to a term which purports to exclude or restrict, or has the effect of excluding or restricting, the operation of all or any of the provisions of that section, or the exercise of a right conferred by any provision of that section, or any liability of the seller for breach of a condition or warranty implied by any provision of that section.

(7) Any reference in this section to a term of a contract includes a reference to a term which although not contained in a contract is incorporated in the contract by another term of the contract.

(8) This section is subject to section 61 (6) of this Act. ]

Annotations:

Amendments:

F14

Substituted (31.12.1980) by Sale of Goods and Supply of Services Act 1980 (16/1980), s. 22, commenced as per s. 1(2).

Modifications (not altering text):

C11

Application of section extended (19.05.1997) by European Communities (Contracts For Time Sharing of Immovable Property — Protection of Purchasers) Regulations 1997 (S.I. No. 204 of 1997), reg. 12.

Contracting out of obligation or denial of rights under Regulations not binding

12.— Any clause of a contract whereby a purchaser renounces the purchaser's freedom or rights under these Regulations or whereby a vendor is freed from the vendor's responsibilities arising from these Regulations shall not be binding on the purchaser, under conditions as set out in sections 55 of the Sale of Goods Act, 1893, (as inserted by section 22 of the Sale of Goods and Supply of Services Act, 1980), and section 40 (1) of the Sale of Goods and Supply of Services Act, 1980.

C12

Term "fair and reasonable" construed (31.12.1980) by Sale of Goods and Supply of Services Act 1980 (16/1980), s. 2(3), commenced as per s. 1(2).

Interpretation generally.

2.— ...

(3) Where, under section 13, 31, 40 or 46 of this Act or under section 55 of the Act of 1893 (inserted by section 22 of this Act), a question arises as to whether a term, agreement or provision is fair and reasonable regard shall be had to the criteria set out in the Schedule in deciding it.

Schedule

1.— In determining for the purposes of section 13, 31, 40 or 46 of this Act or section 55 of the Act of 1893 (inserted by section 22 of this Act) if a term is fair and reasonable the test is that it shall be a fair and reasonable one to be included having regard to the circumstances which were, or ought reasonably to have been, known to or in contemplation of the parties when the contract was made.

...

C13

Application of subs. (1) restricted (31.12.1980) by Sale of Goods and Supply of Services Act 1980 (16/1980), s. 12(3), commenced as per s. 1(2).

Implied warranty for spare parts and servicing.

12.—...

(3) Notwithstanding section 55 (1) of the Act of 1893 (inserted by section 22 of this Act) any term of a contract exempting from all or any of the provisions of this section shall be void.

C14

Application of subs. (1) restricted (31.12.1980) by Sale of Goods and Supply of Services Act 1980 (16/1980), s. 13(9), commenced as per. s. 1(2).

Implied condition on sale of motor vehicles.

13.— ...

(9) Notwithstanding section 55 (1) of the Act of 1893 (inserted by section 22 of this Act) any term of a contract exempting from all or any of the provisions of this section shall be void.