PART 1 U.K. Consumer contracts for goods, digital content and services

Valid from 01/10/2015

CHAPTER 2 U.K. Goods

Other rules about goods contracts U.K.

30 Goods under guarantee U.K.

(1) This section applies where—

(a) there is a contract to supply goods, and

(b) there is a guarantee in relation to the goods.

(2) “Guarantee” here means an undertaking to the consumer given without extra charge by a person acting in the course of the person's business (the “guarantor”) that, if the goods do not meet the specifications set out in the guarantee statement or in any associated advertising—

(a) the consumer will be reimbursed for the price paid for the goods, or

(b) the goods will be repaired, replaced or handled in any way.

(3) The guarantee takes effect, at the time the goods are delivered, as a contractual obligation owed by the guarantor under the conditions set out in the guarantee statement and in any associated advertising.

(4) The guarantor must ensure that—

(a) the guarantee sets out in plain and intelligible language the contents of the guarantee and the essential particulars for making claims under the guarantee,

(b) the guarantee states that the consumer has statutory rights in relation to the goods and that those rights are not affected by the guarantee, and

(c) where the goods are offered within the territory of the United Kingdom, the guarantee is written in English.

(5) The contents of the guarantee to be set out in it include, in particular—

(a) the name and address of the guarantor, and

(b) the duration and territorial scope of the guarantee.

(6) The guarantor and any other person who offers to supply to consumers the goods which are the subject of the guarantee must, on request by the consumer, make the guarantee available to the consumer within a reasonable time, in writing and in a form accessible to the consumer.

(7) What is a reasonable time is a question of fact.

(8) If a person fails to comply with a requirement of this section, the enforcement authority may apply to the court for an injunction or (in Scotland) an order of specific implement against that person requiring that person to comply.

(9) On an application the court may grant an injunction or (in Scotland) an order of specific implement on such terms as it thinks appropriate.

(10) In this section—

• “court” means—

  (a)

  in relation to England and Wales, the High Court or the county court,

  (b)

  in relation to Northern Ireland, the High Court or a county court, and

  (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.