Consumer Protection Act - Finlex

(3) The commissioner shall forfeit his right to present claims under this sectionunless he notifies the supplier of the material or unless the latter is notified of anotice of defect made to a later level in the supply chain within a reasonableperiod after the commissioner noticed or should have noticed the defect and thenecessary information on the supplier of the material was available to him.However, the commissioner may, notwithstanding this paragraph, invoke thedefect if the conduct of the supplier of the material in question has been grosslynegligent or incompatible with honour and good faith or if it is a defect referred toin section 16(2)(2) or 16(2)(3).Section 35 — Liability of another business for defects (16/1994)(1) If the contractor has enlisted the aid of another business for the delivery of aservice and the performance of this business is defective, the commissioner shallbe entitled to direct his claim, caused by the defect and based on this chapter,also against the business in question.(2) The commissioner shall, however, not have the right referred to in paragraph (1):(1) if the defect has been caused for reasons not attributable to the business inquestion after he made his delivery;(2) to the extent that the claim is based on another commitment than onemade by the business in question, which places the commissioner in abetter position than he would be in by the provisions of this chapter withoutthe said commitment; nor(3) to the extent that the claim relates to a demand of price reduction or refundof the price of the service and exceeds the amount that the counterparty ofthe business in question under the contract could have demanded on thesame basis, any restrictive terms in their contract disregarded.(3) The commissioner shall forfeit his right to present claims under this sectionunless he notifies the business in question or unless the latter is notified of anotice of defect made to the contractor within a reasonable period after thecommissioner noticed or should have noticed the defect and the necessaryinformation on the business was available to him. However, the commissionermay, notwithstanding this paragraph, invoke the defect if the conduct of thebusiness in question has been grossly negligent or incompatible with honour andgood faith or if it is a defect referred to in section 16(2)(2) or 16(2)(3).60