Sale of Goods and Supply of Services Act 1980
Implied condition on sale of motor vehicles.
13.— (1) In this section “ motor vehicle” means a vehicle intended or adapted for propulsion by mechanical means, including—
( a) a bicycle or tricycle with an attachment for propelling it by mechanical power, and
( b) a vehicle the means of propulsion of which is electrical or partly electrical and partly mechanical.
(2) Without prejudice to any other condition or warranty, in every contract for the sale of a motor vehicle (except a contract in which the buyer is a person whose business it is to deal in motor vehicles) there is an implied condition that at the time of delivery of the vehicle under the contract it is free from any defect which would render it a danger to the public, including persons travelling in the vehicle.
(3) Subsection (2) of this section shall not apply where—
( a) it is agreed between the seller and the buyer that the vehicle is not intended for use in the condition in which it is to be delivered to the buyer under the contract, and
( b) a document consisting of a statement to that effect is signed by or on behalf of the seller and the buyer and given to the buyer prior to or at the time of such delivery, and
( c) it is shown that the agreement referred to in paragraph (a) is fair and reasonable.
(4) Save in a case in which the implied condition as to freedom from defects referred to in subsection (2) is either not incorporated in the contract or has been effectively excluded from the contract pursuant to that subsection, in the case of every sale of a motor vehicle by a person whose business it is to deal in motor vehicles a certificate in writing in such form as the Minister may by regulations prescribe shall be given to the buyer by or on behalf of the seller to the effect that the vehicle is, at the time of delivery, free from any defect which would render it a danger to the public, including persons travelling in the vehicle.
(5) Where an action is brought for breach of the implied condition referred to in subsection (2) by reason of a specific defect in a motor vehicle and a certificate complying with the requirements of this section is not proved to have been given, it shall be presumed unless the contrary is proved that the proven defect existed at the time of delivery.
(6) Regulations under subsection (4) may apply to motor vehicles generally or to motor vehicles of a particular class or description (defined in such manner and by reference to such things as the Minister thinks proper) and different forms of certificate may be prescribed for different classes or descriptions of vehicles.
(7) A person using a motor vehicle with the consent of the buyer of the vehicle who suffers loss as the result of a breach of the condition implied by subsection (2) in the contract of sale may maintain an action for damages against the seller in respect of the breach as if he were the buyer.
(8) The Statute of Limitations, 1957, is hereby amended—
(I) by the insertion in section 11 (2) of the following paragraph—
“( d) An action for damages under section 13 (7) of the Sale of Goods and Supply of Services Act, 1980, shall not be brought after the expiration of two years from the date on which the cause of action accrued.”;
(II) by the insertion in section 49 of the following subsection—
“(5) In the case of an action claiming damages under section 13 (7) of the Sale of Goods and Supply of Services Act, 1980, subsection (1) of this section shall have effect as if for the words ‘six years’ there were substituted the words ‘ two years’.”.
(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.
Modifications (not altering text):
Application of Act extended (13.05.1996) by Consumer Credit Act 1995 (24/1995), s. 82, S.I. No. 121 of 1996.
Application of section 13 of Act of 1980 to hire-purchase of motor vehicles.
82.—Where a motor vehicle is let under a hire-purchase agreement, section 13 (which relates to an implied condition on sale of motor vehicles) of the Act of 1980 shall have effect as if a contract for sale were a hire-purchase agreement, the buyer were the hirer and the person by whom the antecedent negotiations were conducted were the seller, and the owner shall, jointly with that person and severally, be answerable to the hirer for breach of the implied condition.
Application of Act restricted (10.07.1991) by Statute of Limitations (Amendment) Act 1991 (18/1991), s.3(3), commenced on enactment.
Special time limit for actions in respect of personal injuries.
(3) Notwithstanding section 11 (2) (d) (inserted by section 13 (8) of the Sale of Goods and Supply of Services Act, 1980 ) of the Principal act, an action for damages under section 13 (7) of the said Act of 1980 which consist of or include damages in respect of personal injuries to any person may be brought within two years of the date of knowledge of the person injured if that date is later than the date on which the cause of action accrued.
Application of Act restricted (10.07.1991) by Statute of Limitations (Amendment) Act 1991 (18/1991), s. 5(3), commenced on enactment.
Extension of limitation period in case of disability.
(3) Notwithstanding section 49 (5) of the Principal act (inserted by section 13 (8) of the Sale of Goods and Supply of Services Act, 1980), in the case of an action under section 13 (7) of the said Act of 1980, of the kind to which section 3 of this Act applies, subsections (1) and (2) of this section shall have effect as if for the words "three years" there were substituted the words "two years".