Consumer Protection Act - Finlex

Section 9 — Cancellation of the contract (16/1994)(1) The commissioner shall be entitled to cancel the contract for the delay of thecontractor if the breach of contract is essential.(2) If the commissioner has granted the contractor an extension for the delivery ofthe service and the extension is not unreasonably short, the commissioner shalllikewise be entitled to cancel the contract if the service is not delivered within thesaid period. During the extension, the contract may be cancelled by thecommissioner only if the contractor states that he will not deliver the servicewithin the said period.(3) If the commissioner has not granted the contractor any extension, he may cancelthe contract if the service is not delivered within a reasonable period after he hasdemanded its delivery.(4) If there are weighty reasons to presume that the service will be essentiallydelayed, the commissioner may cancel the contract immediately.(5) If a considerable portion of the service has already been delivered, thecommissioner shall be entitled to cancel the contract only with regard to theportion that has not been delivered. If the delay results in an essential failure toattain the result of the service, the commissioner may, however, cancel thecontract in its entirety. For performances which cannot be returned, thecommissioner shall pay the contractor compensation corresponding to theirvalue to the commissioner.Section 10 — Compensation (16/1994)(1) The commissioner shall be entitled to compensation for any loss that he suffersdue to a delay of the contractor unless the contractor proves that the delay wasdue to a cause beyond his control which he could not reasonably have beenexpected to take into account at the time of the conclusion of the contract andwhose consequences he could not reasonably have avoided or overcome.(2) If the delay is due to a person whose aid the contractor has enlisted for theperformance of all or part of the contract, the contractor shall be exempt fromliability only if the said person would also, under paragraph (1), be exempt fromliability. The same applies if the delay is due to a supplier of the contractor oranother previous level in the supply chain.50