Consumer Credit Act 1995

F116[Exclusion or limitation of rights of hirer under commercial guarantee

73X

73X.(1) A commercial guarantee shall not—

(a) in any way exclude or limit the rights of the hirer under any enactment or rule of law,

(b) impose obligations on the hirer that are additional to his or her obligations under the hire-purchase agreement, or

(c) purport to make the guarantor or any person acting on his or her behalf the sole authority to decide whether goods conform to the hire-purchase agreement or whether the hirer is otherwise entitled to make a claim under the commercial guarantee.

(2) Any provision of a commercial guarantee that is contrary to subsection (1) shall not be binding on the hirer.

(3) A guarantor who gives a commercial guarantee which contravenes subsection (1) commits an offence.]

Annotations:

Amendments:

F116

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).