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"Guarantee" Of Consumer Goods

Volume 931: debated on Friday 6 May 1977

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Amendment made: No. 9, in page 3, line 34 after 'term', insert 'or notice'.—[ Mr. Ward.]

I beg to move Amendment No. 10, in page 4, line 5 leave out

"where the guarantee was contained in the contract itself".

With this we may take Amendment No. 28, in Clause 18, page 9, line 18, leave out from "not" to end of line 20 and insert

"a guarantee given by one party to the other party to a contract under or in pursuance of which the ownership or possession of the goods to which the guarantee relates is transferred".

11.15 a.m.

The amendments are not intended to prevent the exception to Clause 5, which was introduced because in that situation the consumer is already protected by the Sale of Goods Act and by the Supply of Goods (Implied Terms) Act, which are now reinstated in Clause 6, from applying to the case where the guarantee formed no part of the contract under which the goods passed. Amendment No. 28 corresponds to the amendment to Clause 5 assuming that No. 10 is accepted.

It will be recalled that Clause 5 for England and Wales prevents exclusion or restriction of liability by means of contract terms contained in guarantees of consumer goods supplied for domestic use. Clause 18 therefore makes the corresponding provision for Scotland. In this connection both clauses exclude from that control the case where goods are supplied under a contract of sale or other supply of the goods where adequate control is provided for by other provisions of the Bill. But they do so in effect only where the guarantee forms part of the contract itself.

The Law Commissions did not recommend that this exclusion from the guarantee control should be so limited. Just as Amendment No. 10 ensures that the exclusion is not so limited for England and Wales, so the present amendment ensures the same for Scotland. I am sure that my right hon. and learned Friend the Lord Advocate will be pleased to answer any points of legal detail that hon. Members wish to address to him. I believe that this is straightforward and I therefore ask the House to approve the amendment.

Amendment agreed to