Sale of Goods and Supply of Services Act 1980

Exclusion of buyer’s rights under guarantee.

18

18. (1) Rights under a guarantee shall not in any way exclude or limit the rights of the buyer at common law or pursuant to statute and every provision in a guarantee which imposes obligations on the buyer which are additional to his obligations under the contract shall be void.

(2) A provision in a guarantee which purports to make the guarantor or any person acting on his behalf the sole authority to decide whether goods are defective or whether the buyer is otherwise entitled to present a claim shall be void.

Annotations:

Modifications (not altering text):

C16

Application of Act extended (13.05.1996) by Consumer Credit Act 1995 (24/1995), s. 81, S.I. No. 121 of 1996.

Application of sections 12 and 15 to 19 of Act of 1980 to hire-purchase agreements.

81.—Where goods are let under a hire-purchase agreement, section 12 (which relates to warranties for spare parts and servicing) of the Act of 1980 and sections 15 to 19 (which relate to guarantees and undertakings) of the Act of 1980 shall have effect as if a contract for the sale of goods were a hire-purchase agreement, the buyer were the hirer and the person by whom the antecedent negotiations were conducted were the seller.