Supply of Goods and
Services (Jersey) Regulations 2010
1 Interpretation
In these Regulations –
“consumer” means, in relation to a contract of sale of
goods, a contract for the supply of a service, or a hire-purchase agreement,
under which one party deals as a consumer, the party who so deals;
“deal as a consumer” –
(a) in
relation to a contract of sale of goods or to a hire-purchase agreement, has the
meaning set out in Article 2 of the Law; or
(b) in
relation to a contract for the supply of a service, has the meaning set out in Regulation 8(1);
“the Law” means the Supply of Goods and Services (Jersey)
Law 2009.
2 Avoidance of liability, or
of obligation, under consumer contract to be fair and reasonable
(1) A term of a contract under
which one party deals as a consumer shall, unless the term is fair and
reasonable, have no effect for the purpose of enabling the supplier –
(a) if
the supplier is in breach of an obligation under the contract, to exclude or
restrict any liability of the supplier to the consumer in respect of the
breach; or
(b) in
respect of an obligation under the contract, to render no performance, or to
render a performance substantially different from that which the consumer would
reasonably expect from the contract.
(2) This Regulation does
not limit the operation of Regulations 3 and 4.
(3) In this Regulation –
“contract” means a contract of sale of goods, a contract
for the supply of a service, or a hire-purchase agreement;
“supplier” means –
(a) seller,
in the case of a contract of sale of goods;
(b) supplier,
in the case of a contract for the supply of a service;
(c) supplier,
in the case of a hire-purchase agreement.
3 Certain
implicit obligations: all contracts[1]
(1) A
term of a contract or agreement shall be void if it is a term that purports to
exclude or restrict liability for breach of the obligations arising
from –
(a) any
of the seller’s warranties under Article 21 or 24 of the Law, in the
case of a contract of sale of goods; or
(b) any
of the supplier’s warranties under Article 32 of the Law, in the
case of a hire-purchase agreement.
(2) A
term of a contract for the supply of a service shall, unless the term is fair
and reasonable, have no effect if it is a term that purports to exclude or
restrict liability for breach of the obligations arising from the supplier’s
warranty under Article 28 of the Law.
4 Non-avoidance
of other implicit obligations: consumer contracts
(1) A term of a contract of
sale of goods under which one party deals as a consumer shall be void as
against the party dealing as a consumer if it is a term that purports to
exclude or restrict liability for breach of the obligations arising from the
seller’s warranty under Article 22, 23 or 25 of the Law.
(2) A term of a
hire-purchase agreement under which one party deals as a consumer shall be void
as against the party dealing as a consumer if it is a term that purports to
exclude or restrict liability for breach of the obligations arising from the
supplier’s warranty under Article 33, 34 or 35 of the Law.
5 Avoidance
of other implicit obligations to be fair and reasonable: non-consumer contracts
(1) A term of a contract of
sale of goods under which no party deals as a consumer shall, unless the term
is fair and reasonable, have no effect if it is a term that purports to exclude
or restrict liability for breach of the obligations arising from the
seller’s warranty under Article 22, 23 or 25 of the Law.
(2) A term of a
hire-purchase agreement under which no party deals as a consumer shall, unless
the term is fair and reasonable, have no effect if it is a term that purports
to exclude or restrict liability for breach of the obligations arising from the
supplier’s warranty under Article 33, 34 or 35 of the Law.
6 Guarantee
does not restrict manufacturer’s or distributor’s liability for
consumer goods
(1) This Regulation applies
to a guarantee that –
(a) applies
in relation to goods that are of a type ordinarily supplied for private use or
consumption;
(b) is
not a guarantee given by one party to the other party to a contract or
agreement under or in pursuance of which the ownership or possession of the
goods to which the guarantee relates is transferred; and
(c) is set
out in a contract of sale of the goods to which the guarantee relates or a
hire-purchase agreement for such goods, or is set out in a notice to, or
agreement with, a party to such a contract or agreement.
(2) A term of a guarantee
to which this Regulation applies shall be void in so far as it purports to
exclude or restrict liability for loss or damage –
(a) arising
from the goods proving defective while –
(i) in use otherwise
than exclusively for the purposes of a business, or
(ii) in
the possession of a person for use otherwise than exclusively for the purposes
of a business; and
(b) resulting
from a breach of duty of a person concerned in the manufacture or distribution
of the goods.
(3) For the purposes of
paragraph (2), loss includes death and personal injury and damage includes
death and personal injury.
(4) For the purposes of
this Regulation, any document is a guarantee if it contains or purports to
contain some promise or assurance (however worded or presented) that defects
will be made good by complete or partial replacement, or by repair, monetary
compensation or otherwise.
7 Fair
and reasonable
(1) In determining for the
purposes of these Regulations whether a term of a contract or agreement is fair
and reasonable, regard shall be had only to the circumstances that were, or
ought reasonably to have been, known to or in the contemplation of the parties
to the contract or agreement at the time when the contract or agreement was
made.
(2) The onus of proving
that a term of a contract or agreement is fair and reasonable shall lie on the
party so contending.
8 Dealing as consumer of services
(1) For the purposes of
these Regulations, one party to a contract for the supply of a service deals as
a consumer in relation to another party to the contract if –
(a) the
other party enters the contract in the course of a business; and
(b) the
one party neither enters the contract in the course of a business nor holds
himself or herself out as doing so,
and the service under the contract is of a type ordinarily supplied
for private enjoyment.
(2) The onus of proving
that a party does not deal as a consumer shall lie on the party so contending.
9 Regulations
do not apply to certain contracts
Regulations 1 to 8 shall not apply to –
(a) a contract of insurance
(including a contract to pay an annuity on human life);
(b) a contract so far as it
relates –
(i) to
the creation or transfer of a right or interest in any patent, trade mark,
copyright or design right, in any registered design, or in any technical or
commercial information or other intellectual property, or
(ii) to
the termination of any such right or interest;
(c) a contract so far as it
relates to the formation, constitution or dissolution of any body corporate or
unincorporated association or partnership; or
(d) a contract so far as it
relates to the creation or transfer of securities or of any right or interest
in securities.
10 Citation
These Regulations may be cited as the Supply of Goods and Services
(Jersey) Regulations 2010.