Consumer Protection Act - Finlex

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Section 18 — Rectification of the defect (16/1994)(1) The commissioner is entitled to require that the contractor rectify the defect orreplace the defective elements with non-defective elements without costs to thecommissioner. It is a prerequisite that the defect can be rectified without causingthe contractor unconscionable costs or unreasonable detriment.(2) Even if the commissioner does not require that the defect be rectified or that nondefectiveelements be delivered, the contractor shall have the right to performsuch a rectification, at his own expense, if he offers to do so without delay afterthe commissioner has notified him of the defect and he has had an appropriateopportunity to inspect the object. The commissioner shall have the right to refusethe rectification of the defect if it would cause him unreasonable detriment or adanger that the costs incurred by the commissioner not be compensated.(3) The contractor shall not invoke the fact that he did not have a chance to remedythe defect referred to in paragraph (2) if the commissioner has had the defectrectified and if, considering the circumstances, it cannot reasonably be expectedthat the commissioner would have waited for the contractor’s rectification.Section 19 — Reduction of price and cancellation (16/1994)(1) If rectification of the defect is out of the question or if the rectification is noteffected within reasonable time after the commissioner has given notice of thedefect and the contractor has had an appropriate opportunity to inspect theobject, the commissioner may demand a reduction in the price comparable to thedefect or, if the breach of contract is essential, to cancel the contract.(2) To the extent that the delivery already effected by the contractor cannot bereturned without essential detriment, the commissioner may cancel the contractonly if another consequence cannot be deemed reasonable from his point of view.(3) If there are weighty reasons to presume that a later delivery of the contractor willbe defective, the commissioner may cancel the contract to the extent that it hasnot yet been performed by the contractor.(4) The provisions of section 12 apply correspondingly when the commissionercancels the contract under this section.Section 20 — Compensation (16/1994)(1) The commissioner shall be entitled to compensation for loss that he suffersbecause of a defect in the delivery of the contractor.68
(2) Indirect loss referred to above in section 11(3) and (4) shall, however, becompensated for by the contractor only if the defect or loss is due to negligenceon his part.(3) Compensation under this section shall also cover personal injury and propertydamage incurred by the commissioner because of the defect. However, thissection does not apply:(1) to the compensation of personal injury caused by an element delivered or bya defect in the material of a performance effected;(2) to the compensation of property damage caused by an element delivered orby a defect in the material of a performance effected if the damage is causedto other property than the building or residential movable property that isprimarily in private use; nor(3) to the compensation of property damage caused by a defect in a piece ofequipment belonging to the fixtures of a building if the damage is caused toproperty that does not have an direct connection of use with the equipment.(4) A member of the commissioner’s family who suffers loss for the defect shall havethe same right to damages as the commissioner.Section 21 — Liability of a third party (16/1994)The provisions of chapter 5, section 22 apply correspondingly to a performancereferred to in this chapter.Section 22 — Liability for an error in an estimate (16/1994)If the contractor has given the commissioner an estimate for the cost of supplies,work and measures necessary for the completion of a building, but which are notincluded in the contractor’s own performance, and if the commissioner has hadgood reason to rely on the estimate not being essentially exceeded, thecommissioner shall be entitled to a reasonable compensation if the contractor, inpreparing the estimate, has not proceeded with care and if the costs incurred bythe commissioner are therefore considerably higher than estimated.Price and its paymentSection 23 — Cost estimate (16/1994)If the delivery of the elements or the service relating to the performance of thecontractor referred to in section 1(2) has not been agreed to be effected for a fixed69
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NB: Unofficial translation©Ministr
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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
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applicable but for the term in ques
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amount that evidently exceeds the c
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(2) Except where something else can
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(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 and 60: (2) The right to sell a piece of pr
Page 61 and 62: Chapter 9 — Sale of building elem
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: (3) The performance of the contract
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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