Consumer Rights Act 2022
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Subjective requirements for conformity with service contract | ||
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80. (1) The service supplied under a service contract and any goods or digital content produced by or resulting from the service, shall— | ||
(a) comply with the terms of the service contract agreed between the trader and the consumer, | ||
(b) subject to subsection (2), comply with any oral or written statement to the consumer by or on behalf of the trader in relation to the service or the trader on which the consumer relied when— | ||
(i) deciding to enter into the service contract, or | ||
(ii) making any decision in relation to the service after entering into the service contract, | ||
(c) be reasonably fit for any purpose— | ||
(i) that the consumer made known to the trader at the time of, or before, the conclusion of the service contract, and | ||
(ii) that the trader has accepted, | ||
(d) be of a nature and quality that can reasonably be expected to achieve any result— | ||
(i) that the consumer made known to the trader at the time of, or before, the conclusion of the service contract, and | ||
(ii) that the trader has accepted, | ||
and | ||
(e) where the service contract is a distance contract or an off-premises contract, comply with any additional terms imposed by virtue of section 103 , 104 or 106 . | ||
(2) The meaning and effect of any oral or written statement of the kind referred to in subsection (1)(b) is subject to— | ||
(a) any oral or written statement made to the consumer by the trader on the same occasion which qualified that statement, and | ||
(b) any change to that statement subsequently agreed between the consumer and the trader. | ||
(3) Where a service contract provides for the continuous supply of a service for a period specified in the contract, the trader shall ensure that the service complies with the requirements of subsection (1) during that period. | ||
(4) Where a service contract provides for the supply of a service on more than one occasion during the period for which the contract subsists, the trader shall ensure that the service complies with the requirements of subsection (1) on each of those occasions. | ||
(5) In case of dispute, it shall be for the trader to show that— | ||
(a) the trader did not accept a purpose relating to the service of the kind referred to in subsection (1)(c), and | ||
(b) the trader did not accept a result relating to the service of the kind referred to in subsection (1)(d). |