Unfair contract terms
A recent Bulletin released by the Office of Fair Trading described
many instances of unfair contract terms. One of the instances described
was of particular relevance to our industry.
A pet shop included the following term in a contract of sale:
"Whilst we take every possible measure to ensure that your new
pet leaves our shop in the very best of health, we should like to advise
you that regretfully we are unable to accept any responsibility for
the well-being of your pet once it has left our premises. However in
the event of any disability, illness or infirmity being reported to
us within 48 hours of purchase and supported by a veterinary certificate
and the pet returned to us, we will provide a replacement pet within
31 days or refund the cost of the pet."
A Trading Standards Department complained about this.
The Office of Fair Trading decided that the contract attempted to
restrict the consumers rights in two ways:
- The term denied liability for the animal once it left the shop
(appearing to attempt to exclude the Section of the Sale of Goods
Act 1979 under which goods must be of satisfactory quality.)
- Secondly the requirement to notify the company of illness within 48 hours and to provide a vet's certificate appeared to attempt to limit the time consumers have to reject goods under the act.
The term was rewritten to the satisfaction of the OFT to read:
We take every possible measure to ensure that your new pet leaves our shop in the very best of health. We do however recommend that you register your pet with a veterinary surgeon within 48 hours of purchase and arrange for your pet to have a veterinary inspection for your own satisfaction.
In the extremely unlikely event that the veterinary surgeon should find any illness, disability or infirmity we would ask you to report this to us immediately. Naturally you will be offered a replacement pet or a full refund of the price of the pet.
*The information in this document is derived from "Unfair Contract Terms". A bulletin issued by the Office of Fair Trading, Issue No 2. Copies of this and Bulletin No. 1 "Unfair Standard Terms" are available from:
Office of Fair Trading
PO Box 172
East Molesey
KT8 0XW
