Consumer Protection Act - Finlex

Characteristics of the performance and defectSection 13 — General provision on defects (16/1994)(1) The performance of the contractor shall be defective if it does not in contents,quality or other characteristics conform to what can be deemed agreed.(2) The performance of the contractor shall also be defective if:(1) it does not comply with the requirements contained in provisions or ordersin force at the time of the delivery or with the requirements of good buildingpractice;(2) it causes or it can reasonably be presumed to cause a health hazard;(3) the installation of the elements or the project or other task belonging to theobligations of the contractor has not been performed with professional skilland care;(4) the elements have not been appropriately packaged or otherwise protectedwhere this is necessary for the transport or storage of the elements; or(5) the delivery does not in other respects conform to what the consumer canreasonably expect in connection with such contracts.Section 14 — Information on the performance (16/1994)(1) The performance of the contractor shall also be defective if it does not conform tothe information given by the contractor in marketing or otherwise before theconclusion of the contract of the characteristics of the elements, the contents ofhis performance or other circumstances relating to the quality or use of hisperformance and which can be presumed to have had an effect on the contract.The same shall apply to information given after the conclusion of the contractwhich can be presumed to have affected the decision-making of thecommissioner.(2) The performance of the contractor shall also be defective if it does not conform toinformation referred to in paragraph (1) and given by a person other than thecontractor either at a previous level of the supply chain or on behalf of thecontractor when marketing the performance. However, the performance shall notbe considered defective if the information was clearly corrected in time. Moreover,the contractor shall not be liable for a defect referred to in this paragraph if heneither knew nor should have known of the information given.66