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What liability do I have for defective products in Ireland?

The general law infers contractual warranties as to quality as well as a duty of care to users. The standards are higher if selling to consumers as opposed to selling to another business. However, some modifications to the general law standards are allowable in written business-to-business contracts.

If goods are being sold through a Distributor in Ireland, the Distributor will generally be required to take on liability for defective products. This would be subject to the Distributor being entitled to indemnity from the seller for those defective products, as modified by negotiation in any written contract between you and the Distributor. In such circumstances, the Distributor would deal directly with the buyer and would in turn be entitled to be compensated by the seller for any loss arising to the Distributor as a result of the seller’s negligence/breach of contract. If, however, goods are sold by you personally or through a Sales Agent, then you will be liable for defective products under Ireland legislation, and you will be liable for after sales service.

Section 16, 17 and 18 provide further details of issues to be considered in respect of planning for Brexit.

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