Consumer Rights Act 2022
|
Exclusion or limitation of liability of trader (Part 3) | ||
|
71. (1) A term of a digital content contract or a digital service contract, or of any other contract between a consumer and a trader, shall not exclude or restrict the trader’s liability under any of the following provisions: | ||
(a) section 50 (right to supply digital content or digital service); | ||
(b) section 51 (duty to supply digital content or digital service); | ||
(c) section 52 (digital content or digital service to be in conformity with digital content contract or digital service contract); | ||
(d) section 53 (subjective requirements for conformity with digital content contract or digital service contract); | ||
(e) section 54 (objective requirements for conformity with digital content contract or digital service contract); | ||
(f) section 55 (incorrect integration of digital content or digital service); | ||
(g) section 56 (implied terms of digital content contract or digital service contract); | ||
(h) section 57 (third party rights); | ||
(i) section 58 (liability of trader under digital content contract or digital service contract); | ||
(j) section 59 (burden of proof under digital content contract or digital service contract). | ||
(2) A term of a digital content contract or a digital service contract, or of any other contract between a consumer and a trader, which purports to, or has the effect of, excluding or restricting the liability of the trader under any of the provisions specified in subsection (1) shall not be binding on the consumer. | ||
(3) The references in subsections (1) and (2) to excluding or restricting the trader’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 a trader 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 disputes 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) A trader who contravenes subsection (1) commits an offence. |