13.07.2015 Views

Consumer Protection Act - Finlex

Consumer Protection Act - Finlex

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of the contractor, not be deemed delivered until the installation has beencompleted.(2) A project shall be deemed delivered when it has been completed and the finalinspection, if any, has been held.Section 4 — Time of delivery (16/1994)(1) If no specific date has been agreed for the delivery of the elements or the projectthe delivery shall take place within a reasonable time from the conclusion of thecontract.(2) If the contractor is entitled to determine the exact date of the delivery of theelements or other performance by the contractor, the contractor shall, within areasonable advance period, notify the commissioner of the date chosen.Section 5 — Costs for the elements prior to delivery (16/1994)Unless otherwise agreed, the contractor shall be liable for costs of transport andstorage and for other costs incurred for the elements before their delivery. Thisprovision does not, however, apply to costs incurred through a delay for a reasonattributable to the commissioner.Section 6 — Passing of risk (16/1994)(1) The contractor shall bear the risk for the elements being destroyed, lost ordamaged before their delivery for a reason not attributable to the commissioner.The contractor shall likewise bear the risk for other destruction, damage or lossof his performance for a reason not attributable to the commissioner before thedelivery or, if the delivery is delayed for a reason attributable to thecommissioner, before the contractor has performed what is necessary for him toperform for the delivery.(2) If elements are destroyed, lost or damaged for a reason not attributable to thecontractor while the risk lies with the commissioner, the commissioner shall,nevertheless, be liable to pay the price. The same shall apply if anotherperformance of the contractor is damaged after the risk has passed to thecommissioner.62

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