Consumer Protection Act - Finlex

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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
(3) However, the contractor shall be liable for indirect loss only if the delay or losswas caused by negligence attributable to him. Indirect loss shall be deemed toinclude:(1) loss of income incurred by the commissioner due to breach of contract ormeasures caused thereby;(2) loss incurred through an obligation based on another contract; and(3) essential loss of use of the object of the service not resulting in directeconomic loss or other corresponding damage that is not essential.(4) If the loss referred to in paragraph (3)(1)—(3)(3) is incurred through themitigation of other loss, it shall, however, not be deemed an indirect loss.(5) A member of the commissioner’s family who suffers loss for the delay shall havethe same right to damages as the commissioner.Section 11 — Notice of cancellation of contract and claim for compensation (16/1994)If a service is delivered delayed, the commissioner shall not cancel the contract orclaim damages for the delay unless he, within a reasonable period after learningof the delay, notifies the contractor that he is cancelling the contract or that hewishes to claim compensation. If the commissioner cancels the contract, he is,however, not liable separately to notify the contractor of his claim for damages.Characteristics and defects of the serviceSection 12 — General provision on defects (16/1994)(1) In contents, manner of performance and result, the service shall conform to whatcan be deemed to have been agreed.(2) A service shall be provided with professional skill and care and taking intoaccount the interests of the commissioner. With regard to durability andotherwise, the service shall conform to what the consumer generally has reasonto expect in the case of such a service. The service shall also conform to therequirements set by law, decree or official decision.(3) If the contractor is to acquire material necessary for the provision of the serviceand unless otherwise agreed upon, the material shall, in durability and othercharacteristics, conform to ordinary good quality.51
Page 1 and 2: NB: Unofficial translation©Ministr
Page 3 and 4: educed price or to another specific
Page 5 and 6: Section 8(1) An injunction referred
Page 7 and 8: Section 2(1) Where necessary in res
Page 9 and 10: applicable but for the term in ques
Page 11 and 12: amount that evidently exceeds the c
Page 13 and 14: (2) Except where something else can
Page 15 and 16: (3) If the goods deteriorate after
Page 17 and 18: (2) Even if the buyer does not requ
Page 19 and 20: (3) If the payment is effected thro
Page 21 and 22: the sale of consumer goods of a mem
Page 23 and 24: (2) a place, other than a private h
Page 25 and 26: services, the document shall be giv
Page 27 and 28: of the service has been commenced i
Page 29 and 30: Section 18 — Performance of the c
Page 31 and 32: Section 25 — Overdue interest (10
Page 33 and 34: (3) the name of the intermediary or
Page 35 and 36: (2) In telephone communications, th
Page 37 and 38: (2) the contracting parties have al
Page 39 and 40: (5) credit costs mean the total amo
Page 41 and 42: Section 9 (85/1993)Before the concl
Page 43 and 44: Section 12(1) The consumer shall ha
Page 45 and 46: (2) However, the creditor shall not
Page 47 and 48: Authority to issue ordersSection 21
Page 49: Section 4 — Time of delivery (16/
Page 53 and 54: eason to presume that the commissio
Page 55 and 56: Section 20 — Compensation (16/199
Page 57 and 58: after the rendering of the service
Page 59 and 60: (2) The right to sell a piece of pr
Page 61 and 62: Chapter 9 — Sale of building elem
Page 63 and 64: Sanctions for the contractor’s de
Page 65 and 66: (2) If the delay is due to a person
Page 67 and 68: (3) The performance of the contract
Page 69 and 70: (2) Indirect loss referred to above
Page 71 and 72: Section 25 — Payment of the price
Page 73 and 74: standard basis, shall be valid if t
Page 75 and 76: (2) If the time-share housing is lo
Page 77 and 78: (2) The contract of sale and the cr
Page 79 and 80: termination of the credit contract,
Page 81 and 82: (3) When hearing a case concerning
Page 83: Section 2 — Detailed provisions (

Consumer Protection Act - Finlex

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