Consumer Protection Act - Finlex

have taken into account at the conclusion of the contract and whoseconsequences it could not reasonably have avoided or overcome.(2) If the delay is due to a third person whom the seller has engaged to perform all orpart of the contract, the seller shall be released from liability only if that thirdperson would also be released from liability under paragraph (1). The sameprovision applies if the delay is due to a contractor of the seller or someone elseat a previous level in the supply chain.(3) The seller shall, however, be liable to compensate the buyer for indirect loss onlyif the delay or the loss is due to negligence attributable to it. Indirect loss shallinclude:(1) loss of income suffered by the buyer due to the breach of contract ormeasures arising from the same;(2) loss incurred through obligations based on another contract, and(3) essential loss of the use of the product, not resulting in direct economicloss, as well as other comparable detriment, if essential.(4) However, if a loss referred to in paragraph 3(1)–(3) is incurred through themitigation of another type of loss, it shall not, for that part, be consideredindirect loss.(5) A member of the buyer’s family who suffers loss due to the delay shall have thesame right to compensation as the buyer himself/herself.Section 11 — Notice of cancellation and claim for compensation (16/1994)If the goods have been delivered in delay, the buyer shall not be entitled to cancelthe contract nor to claim compensation for the delay unless he/she notifies theseller or the sales agent, within a reasonable time from the delivery of the goods,that he/she wishes to cancel the contract or to claim compensation. However, ifthe buyer cancels the contract, he/she need not make a separate notification of aclaim for compensation.Characteristics of the goods and defectsSection 12 — General provision on defects (16/1994)(1) In type, quantity, quality, other characteristics and packaging, the goods shallcorrespond to what can be deemed to have been agreed.12