73D.—(1) The goods delivered under a hire-purchase agreement shall—

(a) be fit for all of the purposes for which goods of the same type would normally be used, taking into account so far as relevant any enactment or rule of law, European Union law, technical standards or, in the absence of technical standards, applicable sector-specific industry codes of conduct,

(b) be of the quality and correspond to the description of any sample or model that the owner made available to the hirer before the conclusion of the hire-purchase agreement,

(c) be delivered along with any accessories, including packaging, installation instructions or other instructions, that the hirer may reasonably expect to receive, and

(d) be of the quantity and possess the qualities and other features (including in relation to durability, functionality, compatibility, safety and security) normal for goods of the same type that the hirer may reasonably expect given the nature of the goods and taking into account any public statement in relation to the goods made by, or on behalf of, the owner or any other person constituting a previous link in the chain of transactions relating to the hire-purchase agreement, including the producer, particularly in advertising or on labelling.

(2) In subsection (1)(d), the reference to the durability of the goods is a reference to the ability of the goods to maintain their functions and performance through normal use and to possess the ability to do so which is normal for goods of the same type and which the hirer can reasonably expect having regard to—

(a) the specific nature of the goods,

(b) the possible need for reasonable maintenance of the goods,

(c) any public statement on the durability of the goods made by or on behalf of any person constituting a link in the chain of transactions, and

(d) all other relevant circumstances, including the price of the goods and the intensity or frequency of the use made of the goods by the hirer.

(3) The owner shall not be bound by any public statement referred to in subsection (1)(d) or (2)(c) if the owner shows that—

(a) the owner was not, and could not reasonably have been, aware of the public statement in question,

(b) at the time of the conclusion of the hire-purchase agreement, the public statement had been corrected in the same way as it had been made (or in a comparable way), or

(c) the decision of the hirer to take the goods could not have been influenced by the public statement.

(4) Where a hire-purchase agreement for the letting of goods with digital elements provides for a single act of supply of the digital content or digital service, the owner shall ensure that the hirer is informed of and supplied with updates, including security updates, that are necessary to maintain the goods in conformity with the agreement for the period of time that the hirer may reasonably expect given the type and purpose of the goods and the digital elements, and taking into account the circumstances and nature of the hire-purchase agreement.

(5) Where a hire-purchase agreement for the letting of goods with digital elements provides for a continuous supply of the digital content or digital service for a period exceeding two years, the owner shall ensure that the hirer is informed of the availability, and supplied with, any update (including a security update) that is necessary to maintain the goods in conformity with the agreement during that period.

(6) Where a hire-purchase agreement for the letting of goods with digital elements provides for a continuous supply of the digital content or digital service for a period not exceeding two years, the owner shall ensure that the hirer is informed of the availability, and supplied with, any update (including a security update) that is necessary to maintain the goods in conformity with the contract for the period of two years beginning with the delivery of the goods with digital elements.

(7) Where the hirer fails to install within a reasonable time an update supplied in accordance with subsection (4), (5) or (6), the owner shall not be liable for any lack of conformity with the hire-purchase agreement resulting solely from the failure to install the update—

(a) if the owner informed the hirer of the need for the hirer to install the update (including the consequences of failing to do so), and

(b) the failure of the hirer to install the update, or the incorrect installation by the hirer of the update, was not due to shortcomings in the installation instructions provided to the hirer.

(8) There shall be no lack of conformity with a hire-purchase agreement under subsection (1), (4), (5) or (6) if, at the time of the conclusion of the agreement—

(a) the hirer was specifically informed by the owner that a particular characteristic of the goods deviated from the requirements of the subsection concerned, including a lack of conformity with the hire-purchase agreement caused by a restriction resulting from a violation of an intellectual property right or any other right of a third person, and

(b) the hirer expressly and separately accepted that deviation.

(9) In case of dispute, it shall be for the owner to show that the hirer—

(a) was specifically informed by the owner that a particular characteristic of the goods deviated from the requirements of subsection (1), (4), (5) or (6), and

(b) expressly and separately accepted that deviation when concluding the hire-purchase agreement.]