Robert Troy (Longford-Westmeath, Fianna Fail) | Oireachtas source

I move amendment No. 21:

In page 28, to delete lines 5 to 12 and substitute the following: “(5) Subject to subsections (2) and (4), where a sales contract for the sale of goods other than goods with digital elements provides for a continuous supply of digital content or a digital service for a period specified in the sales contract, the consumer’s right to a remedy in respect of a lack of conformity with the sales contract for which the trader is liable under this section shall apply for the period of 6 years beginning with the relevant time.

(6) Where a sales contract for the sale of goods with digital elements provides for a continuous supply of digital content or a digital service for a period specified in the sales contract, the consumer’s right to a remedy in respect of a lack of conformity with the sales contract for which the trader is liable under this section shall apply for the period of 6 years beginning with the time at which the lack of conformity with the sales contract occurs or becomes apparent during the period so specified in the sales contract.".

The purpose of amendment No. 21 is to ensure section 21 gives correct effect to Article 10 of the sale of goods directive. The updated text ensures that the relevant subsections apply to goods with digital elements where the contract does not provide for the continuous supply of the digital content or digital services over a period. It also ensures that in line with requirements relating to the supply of updates to subsections (4) and (2), amendment No. 21 also adds a new subsection (6), which would only apply to sales contracts for goods with digital elements where the contract provides for the continuous supply of the digital content or digital service over a period.

The purpose of amendment No. 122 is to ensure section 73G(4) as inserted into the Consumer Credit Act 1995 by section 150 gives correct effect to Article 10 of the sale of goods directive. Like amendment No. 21, the updated text ensures that relevant subsections apply to goods with digital elements where the contract does not provide for the continuous supply of the digital content or digital service over a period. It also ensures, in line with the requirements relating to the supply of updates that the paragraph is subject to subsections (2) and (3). The new subsection (5) is section 75G will also apply to hire-purchase agreements for letting of goods with digital elements where the contract provides for the continuous supply of the digital content or digital service over a period.