ICAEW BL · Chapter 3 · Question 9 of 10
Kamala, a consumer, buys a washing machine from an online retailer. The retailer's terms state: 'We accept no responsibility if goods are not of satisfactory quality.' The machine is faulty on arrival. What is the effect of the term under the Consumer Rights Act 2015?
Test yourself: pick an answer
Reveal answer & explanation
Correct answer: C) It is not binding on Kamala, because a trader cannot exclude or restrict liability for the statutory right that goods are of satisfactory quality
Explanation
Under s31 Consumer Rights Act 2015, a term that excludes or restricts a trader's liability for the statutory rights about goods, including satisfactory quality (s9), is not binding on the consumer. It does not matter how prominently it was displayed, and there is no reasonableness test for these terms. The rest of the contract stands, so Kamala keeps her statutory remedies.
More Contract terms, exclusion clauses and misrepresentation MCQs
- Q1Hartley Joinery Ltd buys 500 oak boards described in the contract as 'kiln-dried', which it needs for making internal doors. The seller…
- Q2Brook Events hires a marquee for a client's conference. A term requires the supplier to deliver the marquee 'freshly cleaned'. It arrives…
- Q3A five-year contract requires a contractor to keep a client's fleet of refrigerated lorries 'in good working order'. This obligation could…
- Q4Jonah pays for a one-day pass, which includes use of a locker, at the front desk of a climbing centre. In the changing room he later sees…
- Q5Odile, a sole trader, is about to sign a printed equipment-hire agreement. She asks the supplier's sales representative what the small…