Sale of Goods and Supply of Services Act 1980

Implied warranty for spare parts and servicing.

12

12.(1) In a contract for the sale of goods there is an implied warranty that spare parts and an adequate aftersale service will be made available by the seller in such circumstances as are stated in an offer, description or advertisement by the seller on behalf of the manufacturer or on his own behalf and for such period as is so stated or, if no period is so stated, for a reasonable period.

(2) The Minister may, after such consultation with such interested parties as he thinks proper, by order define, in relation to any class of goods described in the order, what shall be a reasonable period for the purpose of subsection (1).

(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.

F8[(4) This section shall not apply to a contract to which Part 2 of the Consumer Rights Act 2022 applies.]

Annotations

Amendments:

F8

Inserted (29.11.2022) by Consumer Rights Act 2022 (37/2022), s. 176(1) and sch. 6 part 1 ref. 2, S.I. No. 596 of 2022.

Modifications (not altering text):

C9

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.