Consumer Credit Act 1995

F100[Burden of proof

73H

73H.(1) Subject to subsection (2), where it becomes apparent during the period of 12 months beginning with the relevant time that goods supplied under a hire-purchase agreement are not in conformity with the hire-purchase agreement, the lack of conformity with the agreement shall be presumed to have existed at the relevant time unless—

(a) the contrary is proven, or

(b) such a presumption is incompatible with the nature of the goods or with the nature of the lack of conformity with the agreement.

(2) Where a hire-purchase agreement for the letting of goods with digital elements provides for the continuous supply of the digital content or digital service for a period specified in the agreement, the burden of proof as to whether the digital content or digital service was in conformity with the hire-purchase agreement during that period shall be on the owner for a lack of conformity with the agreement which becomes apparent during that period.

(3) For the purposes of relying on the presumption under subsection (1), the hirer shall be required to prove only that—

(a) the goods are not in conformity with the hire-purchase agreement, and

(b) the lack of conformity became apparent during the period of 12 months beginning with the relevant time.

(4) Nothing in this section shall prevent or restrict a hirer from exercising a remedy after 12 months from the delivery of the goods.

(5) In this section, "relevant time" has the same meaning as it has in section 73A.]

Annotations:

Amendments:

F100

Inserted (29.11.2022) by Consumer Rights Act 2022 (37/2022), s. 150(1), S.I. No. 596 of 2022, subject to transitional provision in subs. (2).