Sale of Goods and Supply of Services Act 1980


Number 16 of 1980


SALE OF GOODS AND SUPPLY OF SERVICES ACT 1980

REVISED

Updated to 16 May 2017


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 Misuse of Drugs (Supervised Injecting Facilities) Act 2017 (7/2017), enacted 16 May 2017, and all statutory instruments up to and including Patent (Amendment) Rules 2017 (S.I. No. 206 of 2017), made 19 May 2017, 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 16 May 2017


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was first passed.

Related legislation

Sale of Goods Acts 1893 and 1980 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Sale of Goods and Supply of Services Act 1980 (16/1980), s. 9). The Acts in the group are:

Sale of Goods Act 1893 (56 & 57 Vict. c. 71)

Sale of Goods and Supply of Services Act 1980 (16/1980), Part II

Though not included in the collective citation, the European Communities (Unfair Terms in Consumer Contracts) Regulations 1995 (S.I. No. 27 of 1995), European Communities (Unfair Terms in Consumer Contracts) (Amendment) Regulation 2000 (S.I. No. 307 of 2000) and European Communities (Certain Aspects of the Sale of Consumer Goods and Associated Guarantees) Regulations 2003 (S.I. No. 11 of 2003) deal with the same subject matter.

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1996, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Communications Regulation (Postal Services) Act 2011 (21/2011)

Consumer Protection Act 2007 (19/2007)

Investment Funds, Companies and Miscellaneous Provisions Act 2005 (12/2005)

Consumer Credit Act 1995 (24/1995)

Statute of Limitations (Amendment) Act 1991 (18/1991)

International Carriage of Goods by Road Act 1990 (13/1990)

Restrictive Practices (Amendment) Act 1987 (31/1987)

Postal and Telecommunications Services Act 1983 (24/1983)

Trading Stamps Act 1980 (23/1980)

All Acts up to and including Misuse of Drugs (Supervised Injecting Facilities) Act 2017 (7/2017), enacted 16 May 2017, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

European Union (Capital Requirements) Regulations 2014 (S.I. No. 158 of 2014)

European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 (S.I. No. 484 of 2013)

European Union (Occupation of Road Transport Operator) Regulations 2011 (S.I. No. 697 of 2011)

European Communities (Certain Aspects of the Sale of Consumer Goods and Associated Guarantees) Regulations 2003 (S.I. No. 11 of 2003)

European Communities (Life Assurance) Framework Regulations 1994 (S.I. No. 360 of 1994)

European Communities (Non-Life Insurance) Framework Regulations 1994 (S.I. No. 359 of 1994)

Travel Agents (Licensing) Regulations 1993 (S.I. No. 183 of 1993)

Tour Operators (Licensing) Regulations 1993 (S.I. No. 182 of 1993)

Tour Operators (Licensing) (Amendment) Regulations 1992 (S.I. No. 176 of 1992)

Travel Agents (Licensing) (Amendment) Regulations 1992 (S.I. No. 175 of 1992)

Travel Agents (Licensing) (Amendment) Regulations 1987 (S.I. No. 176 of 1987)

Tour Operators (Licensing) (Amendment) Regulations 1987 (S.I. No. 175 of 1987)

Travel Agents (Licensing) Regulations 1983 (S.I. No. 101 of 1983)

Tour Operators (Licensing) Regulations 1983 (S.I. No. 100 of 1983)

All statutory instruments up to and including Patent (Amendment) Rules 2017 (S.I. No. 206 of 2017), made 19 May 2017, were considered in the preparation of this revision.


Number 16 of 1980


SALE OF GOODS AND SUPPLY OF SERVICES ACT 1980

REVISED

Updated to 16 May 2017


ARRANGEMENT OF SECTIONS

PART I

Section

1.

Short title.

2.

Interpretation generally.

3.

Dealing as consumer.

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.

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.

26.

Implied terms as to title.

27.

Letting by description.

28.

Implied undertakings as to quality or fitness.

29.

Samples.

30.

Statements purporting to restrict rights of hirer.

31.

Exclusion of implied terms and conditions.

32.

Liability of persons conducting negotiations antecedent to hire-purchase agreements.

33.

Application of sections 12, 15 to 19 to hire-purchase agreements.

34.

Application of section 13 to hire-purchase of motor vehicles.

35.

Antecedent negotiations and representations.

36.

Conflict of laws.

37.

International hire-purchase agreements.

38.

Goods let otherwise than under hire-purchase agreement.

PART IV

Supply of Services

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.

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.

54.

Contracts required to be in writing.

55.

Functions of Director of Consumer Affairs.

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 16 May 2017


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

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.

C2

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.

C3

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.

...

C4

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;

...

C5

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,

...

C6

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.

...

C7

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

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.

E4

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.

E5

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.

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.