13.07.2015 Views

Consumer Protection Act - Finlex

Consumer Protection Act - Finlex

Consumer Protection Act - Finlex

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Section 13 — Information on the goods (1258/2001)(1) The goods are defective also if they do not conform to the information given bythe seller or by a person other than the seller either at a previous level of thesupply chain or on behalf of the seller on the characteristics or the use of thegoods when marketing the goods or otherwise before the conclusion of the sale.(2) However, the seller shall not be liable for a defect referred to in paragraph (1), ifthe seller proves that:(1) the seller was not aware and should not have been aware of the informationgiven;(2) the information cannot have had an effect on the sale; or(3) the information has been clearly corrected in time.Section 14 —“As is“ clause (16/1994)If the goods have been sold subject to an “as is“ clause or a similar generalreservation, the goods shall, nevertheless, be considered defective if:(1) the goods do not conform to information on the characteristics or use of thegoods which was given by the seller before the conclusion of the contractand which can be presumed to have had an effect on the contract;(2) the seller has, before the conclusion of the contract, failed to disclose to thebuyer relevant information on the characteristics or use of the goods whichthe seller could not have been unaware of and which the buyer couldreasonably expect to be informed about, provided that the failure can bepresumed to have had an effect on the contract; or if(3) the goods are in a poorer condition than the buyer reasonably could expect,taking the price and the other circumstances into account. (1258/2001)Section 15 — Relevant time for defectiveness (1258/2001)(1) The defectiveness of the goods shall be determined with regard to theircharacteristics at the time when the risk passes to the buyer. The seller shall beliable for any defect that existed at that time even if it appeared only later.(2) The defect shall be deemed to have existed at the time when the risk passed tothe buyer if it appears within six months of that time, unless the contrary isproven or unless the assumption is incompatible with the nature of the defect orthe goods.14

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