Consumer Protection Act - Finlex

eason to presume that the commissioner, nevertheless, wishes the service to beprovided.(3) Should the contractor fail in his duties under this section, the service shall bedefective.Section 15 — Time determining the defect and warranty (16/1994)(1) The defectiveness of the contractor’s performance shall be assessed on the basisof the results of the performance at the time of delivery or, if the delivery isdelayed for a reason attributable to the commissioner, after the contractor hasdone what the performance requires of him. The contractor shall be liable alsoeven if the defect is discovered later. If the quality of the performance deterioratesafter the time referred to above, the performance shall be deemed defective if thedeterioration is due to a breach of contract by the contractor.(2) A warranty relating to a service shall correspondingly be governed by theprovisions of chapter 5, sections 15a and 15b. (1258/2001)Sanctions for a defectSection 16 — Notice of defect (16/1994)(1) The commissioner shall not invoke a defect unless he notifies the contractor ofthe defect within a reasonable period from the time he noticed or should havenoticed the defect. The notice of defect can also be made to a business who hasacted as an intermediary in the service or undertaken liability for itscharacteristics.(2) Notwithstanding the provisions of paragraph (1), the commissioner may invokethe defect of a service if:(1) the contractor’s conduct has been grossly negligent or incompatible withhonour or good faith;(2) the defect is based on the fact that the service does not conform to therequirements issued in provisions for the protection of health and property;(3) the defect is based on the fact that the result of the service is otherwisehazardous to health or property.53