Sale of Goods and Supply of Services Act 1980

Right of action under guarantee.

19

19. (1) The buyer of goods may maintain an action against a manufacturer or other supplier who fails to observe any of the terms of the guarantee as if that manufacturer or supplier had sold the goods to the buyer and had committed a breach of warranty, and the court may order the manufacturer or supplier to take such action as may be necessary to observe the terms of the guarantee, or to pay damages to the buyer. In this subsection, buyer” includes all persons who acquire title to the goods within the duration of the guarantee and, where goods are imported, “ manufacturer” includes the importer.

(2) In any case in which a guarantor is liable to an owner in damages, the court may at its discretion and on such terms as the court may deem just afford the guarantor the opportunity of performing these obligations under the guarantee to the satisfaction of the court within a time to be limited by the court.

Annotations:

Modifications (not altering text):

C17

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.