Consumer Rights Act 2022

Chapter 5

Commercial guarantees

Liability for commercial guarantee

40. (1) A commercial guarantee shall be binding on the guarantor under the conditions specified in the commercial guarantee statement and in any associated advertising available at the time of, or before, the conclusion of the sales contract.

(2) Without prejudice to the generality of subsection (1), where a producer offers the consumer a commercial guarantee of durability for specified goods for a specified period of time—

(a) the producer shall be liable directly to the consumer during the entire period of the commercial guarantee of durability for the repair or the replacement of the goods in accordance with section 25 , and

(b) the producer may offer more favourable conditions to the consumer in the commercial guarantee statement on the durability of the goods.

(3) If some or all of the conditions specified in the commercial guarantee statement are less advantageous to the consumer than those specified in the associated advertising, the commercial guarantee shall be binding under the more advantageous conditions specified in the advertising relating to the commercial guarantee, unless, before the conclusion of the sales contract, the associated advertising was corrected to reflect the same, or comparable, conditions to those specified in the commercial guarantee statement.