Consumer Credit Act 1995

F111[Exclusion or limitation of liability of owner

73S

73S.(1) A term of a hire-purchase agreement or of any other contract between a hirer and an owner shall not exclude or restrict the owner’s liability under any of sections 73A to 73H.

(2) A term of a hire-purchase agreement or of any other contract between a hirer and an owner which purports to, or has the effect of, excluding or restricting the liability of the owner under any of the provisions specified in subsection (1) shall not be binding on the hirer.

(3) The references in subsections (1) and (2) to excluding or restricting the owner’s liability include a reference to—

(a) excluding or limiting a right or remedy in respect of a liability under a provision specified in subsection (1),

(b) making such a right or remedy, or its enforcement, subject to a restrictive or onerous condition,

(c) allowing an owner to put a person at a disadvantage as a result of pursuing such a right or remedy,

(d) excluding or restricting rules of evidence or procedure, or

(e) preventing an obligation arising or limiting its extent.

(4) An agreement in writing to submit present or future differences to an ADR procedure within the meaning of the European Union (Alternative Dispute Resolution for Consumer Disputes) Regulations 2015 (S.I. No. 343 of 2015) is not to be regarded as excluding or restricting any liability for the purposes of this section.

(5) An owner who contravenes subsection (1) commits an offence.]

Annotations:

Amendments:

F111

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).