Oireachtas Joint and Select Committees

Wednesday, 13 October 2021

Joint Oireachtas Committee on Jobs, Enterprise and Innovation

General Scheme of the Consumer Rights Bill 2021: Discussion

Ms Emma Hanrahan:

That is the difference between the legal guarantee and the commercial guarantee. The legal guarantee is the statutory rights which have always existed. Consumers sometimes get confused when they are offered these guarantee terms when they purchase goods. Most of the time, they might find the guarantee in a box and they are told to call a number and get this additional right. There is nothing in the scheme that prevents the trader giving additional rights and extending its terms but these commercial guarantee that exists in the statute, whatever that may be. In non-conformity, if it is six years from breach of contract or whatever is decided eventually through the drafting process, that will not be affected by any shorter period offered by a trader. They could give extra rights for something that goes wrong with a product or they could give consumers extra rights under commercial guarantees but they are going to have to ensure that whatever products or service they provide conforms with the contract they have with the trader, otherwise the statutory rule and that guarantee would kick in and the consumer would have the right to a remedy.

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