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Consumer Protection Act - Finlex

Consumer Protection Act - Finlex

Consumer Protection Act - Finlex

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price, the contractor shall, before the conclusion of the contract, give thecommissioner a cost estimate thereof. The price of the delivery may, in this case,not exceed the cost estimate by more than 15 per cent unless otherwise providedin section 24.Section 24 — Terms of price increase (16/1994)(1) A contract term under which the contractor may unilaterally raise the priceagreed upon or exceed the cost estimate by more than that provided for insection 23 shall be valid only if:(1) the raise is due to an amendment of the law or a decision of an authoritythat the contractor cannot reasonable have been expected to take intoaccount at the time of the conclusion of the contract or an impedimentaffecting building, the installation of elements or other service to beperformed by the contractor which is beyond the control of the contractorand which he cannot reasonably have been expected to take into account atthe time of the conclusion of the contract and whose consequences hecannot reasonably have avoided or overcome;(2) the performance of the contractor has been postponed for a reasonattributable to the commissioner and the raise is due to increased coststhereby incurred by the contractor; or if(3) the raise is due to the incorrectness of information which has been given bythe commissioner or whose acquisition has been the responsibility of thecommissioner.(2) The commissioner shall be informed of the price increase and its groundswithout delay. In the cases referred to in paragraph (1)(1) and (1)(2), a term forthe increase of the price shall not be invoked after the contractor has effected hisperformance.(3) If, in a case referred to in paragraph (1)(1), the price increase would exceed 5 percent of the price, the commissioner shall be entitled to cancel the contract exceptwhen the price increase is due to a expansion of the basis of taxation so that aformerly tax-exempt performance becomes a taxable performance. If, with regardto the installation of elements, the raise exceeds 15 per cent of the contract price,the commissioner shall be entitled to cancel the contract for the installation.70

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