Trader-consumer exclusion clauses Flashcards
Trader-consumer contracts are controlled by what?
Consumer Rights Act 2015
Consumer Rights Act 2015
controls trader-consumer contracts
S.62
All terms must be fair and the Schedule 2 greylist must be considered
All terms must be fair and the Schedule 2 greylist must be considered
S.62
Schedule 2 grey list includes terms that are what?
- Not transparent
- Not proportionate
- Allow the trader to change the price
- Not transparent
- Not proportionate
- Allow the trader to change the price
Schedule 2 grey list terms
S.65
Traders are prohibited from excluding liability for death or personal injury
Traders are prohibited from excluding liability for death or personal injury
S.65
S.31
cannot exclude or limit liability for S.9, 10, 11, 14 or 15
cannot exclude or limit liability for S.9, 10, 11, 14 or 15
S.31
S.57
cannot exclude or limit liability for S.49 or 52
cannot exclude or limit liability for S.49, 50, 51 or 52
S.57
S.9
satisfactory quality
satisfactory quality
S.9
What is ‘satisfactory quality’?
Meets the standards of what a reasonable person would consider satisfactory, taking into account description, price and other circumstances
S.10
fitness for a particular purpose
fitness for a particular purpose
S.10
goods to be a described
S.11
S.11
goods to be a described
Implied terms for goods
- S.9
- S.10
- S.11
- S.14
- S.15
- S.9
- S.10
- S.11
- S.14
- S.15
Implied terms for goods
Implied terms for services
- S.49
- S.52
- S.49
- S.52
Implied terms for services
S.49
reasonable care and skill
reasonable care and skill
S.49
S.52
performance within a reasonable time
performance within a reasonable time
S.52
S.14
goods to match a model seen or examined
goods to match a model seen or examined
S.14
S.15
correct installation if it forms part of the contract
correct installation if it forms part of the contract
S.15
Service remedies sections
S.55
S.56
S.55
Right to require repeat performance
Right to require repeat performance
S.55
S.56
Right to a price reduction
Right to a price reduction
S.56
S.56 is only available when…
- repeat performance is unavailable
OR - repeat performance not completed in reasonable time
Product remedies sections
S.20
S.23
S.24
S.20
Rejection within 30 days of delivery (less with perishable goods)
S.23
right to repair or replacement
Rejection within 30 days of delivery (less with perishable goods)
S.20
right to repair or replacement
S.23
S.24
Right to a price reduction or final right to reject
A refund must be given within what time?
14 days of the trader agreeing to refund
Right to replacement must be…
- in reasonable time
- without inconvenience to the consumer
- not to the expense of the consumer
Unless the trader can prove otherwise, a fault discovered in the first six months after purchase is presumed to be…
there since the time of purchase
