Consumer Protection Act - Finlex

including the share of the latter elements, including their installation, if this is apart of the obligations of the contractor.(3) The maximum of the standard compensation shall amount to 10 per cent of thepart of the price referred to in paragraph (1) or (2). This provisionnotwithstanding, the commissioner shall, however, be entitled to a compensationunder section 11 for any loss exceeding the standard compensation.(4) If the delivery of the contractor is prevented for a reason referred to in section11(1) or (2), the contractor need not pay compensation.Section 10 — Cancellation of the contract (16/1994)(1) The commissioner shall be entitled to cancel the contract for a delay of thecontractor if this causes him essential inconvenience. If the elements forming thesubject-matter of the contract are to be manufactured or acquired specifically forthe commissioner in accordance with his instructions or wishes and if thecontractor cannot, without considerable loss, make other use of them, thecommissioner shall not cancel the contract unless the delay has lasted for morethan 60 days. The commissioner shall, however, be entitled to cancel thecontract even before the delay has lasted for 60 days if his position would beunreasonable, had he to adhere to the contract.(2) If the delay related to an element which can, without any detriment, be replacedby corresponding goods acquired elsewhere, the commissioner shall be entitled tocancel the contract under the conditions referred to in chapter 5, section 9.(3) If the contractor is delayed in the installation of the elements, the commissionershall be entitled to cancel the contract for this part under the conditions referredto in chapter 8, section 9.(4) If there are weighty reasons to presume that a delay entitling to cancellation willoccur, the commissioner may cancel the contract even before the time of deliveryhas arrived.Section 11 — Compensation (16/1994)(1) The commissioner shall be entitled to compensation for loss that he suffers dueto a delay of the contractor, unless the contractor proves that the delay was dueto an impediment beyond his control which he cannot reasonably have beenexpected to take into account at the time of the conclusion of the contract andwhose consequences he could not reasonable have avoided or overcome.64