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  • Ukpga 20150015 En-28

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    This document discusses a trader's ability to contract out of their statutory rights and remedies under a goods contract according to the Consumer Rights Act 2015. It states that terms excluding or restricting a trader's liability arising from provisions relating to the quality, fitness for purpose, description, pre-contract information, samples, models, conformity, and delivery of goods are not binding on the consumer. It also says terms cannot exclude or restrict related rights/remedies, make them subject to restrictive conditions, disadvantage consumers pursuing rights/remedies, or exclude rules of evidence/procedure.

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    This document discusses a trader's ability to contract out of their statutory rights and remedies under a goods contract according to the Consumer Rights Act 2015. It states that terms excluding or restricting a trader's liability arising from provisions relating to the quality, fitness for purpose, description, pre-contract information, samples, models, conformity, and delivery of goods are not binding on the consumer. It also says terms cannot exclude or restrict related rights/remedies, make them subject to restrictive conditions, disadvantage consumers pursuing rights/remedies, or exclude rules of evidence/procedure.

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    © All Rights Reserved
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    4 views1 page

    Ukpga 20150015 En-28

    Uploaded by

    michaelalterfabrik
    This document discusses a trader's ability to contract out of their statutory rights and remedies under a goods contract according to the Consumer Rights Act 2015. It states that terms excluding or restricting a trader's liability arising from provisions relating to the quality, fitness for purpose, description, pre-contract information, samples, models, conformity, and delivery of goods are not binding on the consumer. It also says terms cannot exclude or restrict related rights/remedies, make them subject to restrictive conditions, disadvantage consumers pursuing rights/remedies, or exclude rules of evidence/procedure.

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    © All Rights Reserved
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    of 1

    Consumer Rights Act 2015 (c.

    15) 21
    Part 1 — Consumer contracts for goods, digital content and services
    Chapter 2 — Goods

    (c) in relation to Scotland, the Court of Session or the sheriff;


    “enforcement authority” means—
    (a) the Competition and Markets Authority,
    (b) a local weights and measures authority in Great Britain, and
    (c) the Department of Enterprise, Trade and Investment in
    Northern Ireland.

    Can a trader contract out of statutory rights and remedies under a goods contract?

    31 Liability that cannot be excluded or restricted


    (1) A term of a contract to supply goods is not binding on the consumer to the
    extent that it would exclude or restrict the trader’s liability arising under any
    of these provisions—
    (a) section 9 (goods to be of satisfactory quality);
    (b) section 10 (goods to be fit for particular purpose);
    (c) section 11 (goods to be as described);
    (d) section 12 (other pre-contract information included in contract);
    (e) section 13 (goods to match a sample);
    (f) section 14 (goods to match a model seen or examined);
    (g) section 15 (installation as part of conformity of the goods with the
    contract);
    (h) section 16 (goods not conforming to contract if digital content does not
    conform);
    (i) section 17 (trader to have right to supply the goods etc);
    (j) section 28 (delivery of goods);
    (k) section 29 (passing of risk).
    (2) That also means that a term of a contract to supply goods is not binding on the
    consumer to the extent that it would—
    (a) exclude or restrict a right or remedy in respect of a liability under a
    provision listed in subsection (1),
    (b) make such a right or remedy or its enforcement subject to a restrictive
    or onerous condition,
    (c) allow a trader to put a person at a disadvantage as a result of pursuing
    such a right or remedy, or
    (d) exclude or restrict rules of evidence or procedure.
    (3) The reference in subsection (1) to excluding or restricting a liability also
    includes preventing an obligation or duty arising or limiting its extent.
    (4) An agreement in writing to submit present or future differences to arbitration
    is not to be regarded as excluding or restricting any liability for the purposes
    of this section.
    (5) Subsection (1)(i), and subsection (2) so far as it relates to liability under section
    17, do not apply to a term of a contract for the hire of goods.
    (6) But an express term of a contract for the hire of goods is not binding on the
    consumer to the extent that it would exclude or restrict a term that section 17
    requires to be treated as included in the contract, unless it is inconsistent with
    that term (and see also section 62 (requirement for terms to be fair)).

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