Consumer Protection Act - Finlex

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Section 17 — Right to withhold payment (16/1994)On the basis of a defect, the commissioner shall be entitled to withhold paymentof the service price. However, the commissioner shall not withhold an amountthat evidently exceeds the claims he is entitled to on the basis of the defect.Section 18 — Rectification of a defect (16/1994)(1) The commissioner shall be entitled to demand that the contractor rectify thedefect or replace his service with a non-defective service without additional costto the commissioner. However, the contractor shall not be liable to rectify thedefect if this would cause him unreasonable cost or inconvenience.(2) Even if the commissioner does not demand that a defect be rectified, thecontractor may, at his own expense, perform such a rectification if he offers to doso as soon as the commissioner notifies him of the defect. The commissionershall have the right to refuse the rectification if it would cause him essentialinconvenience or the danger that he would not be compensated for the costsincurred by him or if he has another special reason for his refusal.(3) The contractor shall not invoke the fact that he has not been given anopportunity referred to in paragraph (2) to rectify the defect, if the commissionerhas had the defect rectified and it could not reasonably have been expected thatthe commissioner wait for rectification by the contractor.Section 19 — Price reduction and cancellation of contract (16/1994)(1) If the rectification of a defect or a replacement of a service is not possible or ifsuch a remedy is not effected within a reasonable time from the commissioner’snotice of defect, the commissioner shall be entitled to demand a price reductioncorresponding to the defect.(2) If there are weighty reasons to presume that there will be an essential defect inthe service, the commissioner may cancel the contract to the extent that theservice has not yet been performed.(3) To the extent that the service has been performed, the commissioner may, in thecases referred to in paragraph (1), cancel the contract if no other result can bedeemed reasonable for him. For performances that cannot be returned withoutessential inconvenience, the commissioner shall pay the contractor a pricecorresponding to its value.54
Section 20 — Compensation (16/1994)(1) The commissioner shall be entitled to compensation for any loss that he suffersfor a defect in a service. The liability shall cover personal injury and propertydamage sustained by the commissioner unless otherwise provided in section 21.However, the contractor shall be liable to compensate indirect damage referred toin section 10(3)—(4) only if the defect is attributable to negligence on his part.(2) A member of the commissioner’s family who suffers loss for the defect shall havethe same right to damages as the commissioner.Section 21 — Property damage caused by materials (16/1994)(1) If the material used in the performance of a service causes damage to otherproperty than the object of the service, the provisions of section 20 on theliability of the contractor apply only if the damage is caused to property with anessential connection of use with the object of the service.(2) If the contractor pays compensation under paragraph (1), any right of thecommissioner to claim damages under the Product Liability <strong>Act</strong> shallcorrespondingly be transferred to the contractor. The provisions of section 10 ofthe Product Liability <strong>Act</strong> shall apply also to the right of the contractor tocompensation.(3) The provisions of this chapter do not apply to compensation payable for personalinjury caused by the material used in the performance of a service.Section 22 — Third-party liability (16/1994)The provisions of chapter 5, section 22 apply correspondingly to a servicereferred to in this chapter.Duties of the commissioner and sanctions for a breach of contract by thecommissionerSection 23 — Price of the service (16/1994)(1) If the price of the service or the basis for its determination has not been agreedupon, the commissioner shall pay a price that is reasonable taking into accountthe contents, scope, quality and economically appropriate manner of performanceof the service, the going price or manner of calculating the price at thetime of the conclusion of the contract as well as the other circumstances. If thecontractor, when marketing the service, has given information on the price of the55
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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 and 50: Section 4 — Time of delivery (16/
Page 51 and 52: (3) However, the contractor shall b
Page 53: eason to presume that the commissio
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 (
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Consumer Protection Act - Finlex

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