Consumer Protection Act - Finlex

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(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
Chapter 9 — Sale of building elements and constructioncontractsGeneral provisions on the sale of building elements and on construction contractsSection 1 — Scope of application of the chapter (16/1994)(1) The provisions of this chapter shall apply to contracts between a business(contractor) and a consumer (commissioner):(1) on the delivery of an entity of installation-ready construction parts(elements) of a building or fixed structure connected therewith;(2) where the delivery obligation of the business contains the delivery ofelements referred to in subparagraph (1), as well as all or part of theirinstallation; or(3) where the delivery obligation of the business includes the construction orrenovation of a building or a fixed structure connected therewith, asubcontract relating to such a project and of significant economic value orthe basic repair or renovation of domestic premises with significanteconomic value (project).(2) The provisions of this chapter shall also apply when the business, in addition toperformances referred to in paragraph (1), also delivers to the consumer goodsfor a building or structure or performs other services relating to a building orrepair project. The provisions below on elements shall also refer to such othergoods here referred to.(3) A minimum value of a project falling within the scope of paragraph (1)(3) may beprovided by decree.Section 2 — Mandatory provisions (16/1994)A contract term derogating from the provisions of this chapter to the detriment ofthe commissioner shall be void.Delivery, distribution of costs and riskSection 3 — Delivery (16/1994)(1) The elements shall be deemed delivered when the commissioner has obtainedpossession thereof. If the performance of the contractor also includesinstallation, the elements shall, in the application of the provisions on the delay61
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educed price or to another specific
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Section 8(1) An injunction referred
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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 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: (2) The right to sell a piece of pr
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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