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Sale of Goods and Supply of Services Act, 1980 (No. 16)Introductory TextActs Referred toPart I Preliminary and General (ss. 1-8)1. Short title.2. Interpretation generally.3. Dealing as consumer.4. Saving.5. Orders.6. Penalties.7. Prosecution of offences.8. Expenses.Part II Sale of Goods (ss. 9-24)9. Citation and construction of Part II.Conditions and Warranties (ss. 10-14)10. Sale of Goods Act, 1893, sections 11, 12, 13, 14 and 15.11. Statements purporting to restrict rights of buyer.12. Implied warranty for spare parts and servicing.13. Implied condition on sale of motor vehicles.14. Liability of finance houses.Guarantees (ss. 15-19)15. Definition of guarantee.16. Terms of guarantee.17. Liability of seller under guarantee.18. Exclusion of buyer's rights under guarantee.19. Right of action under guarantee.Performance of the Contract (s. 20)20. Sale of Goods Act, 1893, section 34 and 35.Remedies for Breach of Contract (s. 21)21. Sale of Goods Act, 1893, section 53.Supplementary (ss. 22-24)22. Sale of Goods Act, 1893, section 55.23. Sale of Goods Act, 1893, section 55A.24. International sales.Part III Hire-Purchase Agreements (ss. 25-38)25. Citation and construction of Part III.26. Implied terms as to title.27. Letting by description.28. Implied undertakings as to quality or fitness.29. Samples.30. Statements purporting to restrict rights of hirer.31. Exclusion of implied terms and conditions.32. Liability of persons conducting negotiations antecedent to hire-purchase agreements.33. Application of section 12, 15 to 19 to hire-purchase agreements.34. Application of section 13 to hire-purchase of motor vehicles.35. Antecedent negotiations and representations.36. Conflict of laws.37. International hire-purchase agreements.38. Goods let otherwise than under hire-purchase agreement.Part IV Supply of Services (ss. 38A-42)38A.39. Implied undertakings as to quality of service.40. Exclusion of implied terms.41. Statements purporting to restrict rights of recipient of service.42. Conflict of laws.Part V Misrepresentation (ss. 43-46)43. "Contract".44. Removal of certain bars to rescission for innocent misrepresentation.45. Damages for misrepresentation.46. Avoidance of certain provisions excluding liability for misrepresentation.Part VI Miscellaneous (ss. 47-57)47. Unsolicited goods.48. Directory entries.49. Invoices.50. Power to withdraw acceptance of contract.51. Required particulars in contracts, guarantees and related writings.52. Notices as to use of standard form of contract.53. Size of type in printed contracts and other documents.54. Contracts required to be in writing.55. Functions of Director of Consumer Affairs.56. Consultation with Minister for Finance.57. Construction of sections 9 and 18 of the Consumer Information Act, 1978.Schedule - Fair and Reasonable Terms
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AI Summary of 20. Sale of Goods Act, 1893, section 34 and 35.

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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 30 December 1980 - onwards
Version 2 of 2

20. Sale of Goods Act, 1893, section 34 and 35.

For sections 34 and 35 of the Act of 1893 there shall be substituted the sections set out in the following Table:

Table

34. Buyer's right of examining the goods.

(1) Where goods are delivered to the buyer, which he has not previously examined, he is not deemed to have accepted them unless and until he has had a reasonable opportunity of examining them for the purpose of ascertaining whether they are in conformity with the contract.

(2) Unless otherwise agreed, when the seller tenders delivery of goods to the buyer, he is bound, on request, to afford the buyer a reasonable opportunity of examining the goods for the purpose of ascertaining whether they are in conformity with the contract.

35. Acceptance.

The buyer is deemed to have accepted the goods when he intimates to the seller that he has accepted them, or, subject to section 34 of this Act, when the goods have been delivered to him and he does any act in relation to them which is inconsistent with the ownership of the seller or when, without good and sufficient reason, he retains the goods without intimitating to the seller that he has rejected them.

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