In the vast majority of cases many of the general conditions imposed in a contract when buying goods or services, are imposed by the salesman. There are some elements of a contract that are determined by mutual agreement, such as the price and delivery date, however, you should always take time to read the small print to ensure that the traders general terms, such as method of payment are acceptable to you.
Many traders do not offer alternative terms and once you sign the contract you are bound by the general terms in it, unless you negotiate different terms before signature.
If a contract attempts to reduce or remove your legal consumer rights, these may be illegal and may not be enforceable against you.
STATUTORY LIMITATION PERIOD- The exact nature of each case is considered and the phrase “reasonable” is used when considering whether the consumer has legal rights after a particular period of time. What would be a reasonable period for one product e.g. perishable foods, would be unreasonable for another product e.g. a new car. In Ireland, all cases for breach of contract must have been taken within 6 years. Some traders also offer a ‘guarantee’ or ‘warranty’ for the products or services that they sell and these are generally time limited.HIRE PURCHASE AGREEMENT- A document must be drawn up that sets out the specific conditions of the contract, in particular it must state:1. the price to pay if the sum is paid in cash,2. the total price to be paid for when using hire-purchase,3. the total cost of credit (the cumulative amount of interest + the cash price),4. the date of the first payment,5. the amount of each instalment,6. the number, the amounts and the frequency of the payments WHAT TO WATCH OUT FOR- On the whole the trader and the consumer can stipulate the terms that they want to appear in their contract. However, the contract must respect certain statutory provisions, as well as public order and morality.1 The statutory provisions are laws aimed at protecting consumers (protection of private interests) basic legal rights. Therefore, a contract cannot contain unfair terms or attempt to restrict/remove the consumer’s legal rights or include an abusive clause (uk331th-txt1).2 Public order and morality protects basic community interests and / or basic economic and moral order of society (protection of general interests). A contract cannot be based on illegal activities.3 In addition the terms of the contract cannot be unfair or misleading as per the provisions of the EU Unfair Commercial Practices Directive This was transposed to Irish law as part of the Consumer Protection Act 2007 If these rules are not respected, the contract can be terminated – partially or entirely.
As a general rule, the consumer accepts the terms as set by the trader. In order to make things easier, the majority of traders have ready-made general terms applicable to all their contacts. So when you enter into agreement with them, you are automatically subject to these terms. Read them carefully and check that they match with what was agreed with the trader.
In certain sectors, there are standard contracts for the entire sector. If you intend to use the product or the service for a specific purpose, you must tell the trader so that this use can be taken into consideration and be incorporated into the contract.