Consumer Protection Act - Finlex

Section 29 — Contractor’s right to cancel the contract (16/1994)(1) If the commissioner is delayed in the payment of the purchase price, thecontractor may cancel the contract if the breach of contract is essential.(2) If the contractor has granted an extension for the payment and the extension isnot unreasonably short, and if the commissioner does not pay the price withinthis period, the contractor shall also be entitled to cancel the contract. Duringthe extension, the contractor may cancel the contract only if the commissionermakes it known that he will not make the payment within that period.(3) If the commissioner has obtained possession of the elements, the contractor maycancel the contract, in regard to those elements, only if he has reserved the rightthereto or if the commissioner rejects the elements. With regard to work orservices to be performed for the commissioner, the contractor shall be entitled tocancel the contract only to the extent that the work or service has not yet beenperformed.(4) The contractor shall not cancel the contract due to the commissioner’s delay inpayment after the delayed payment has been made.Section 30 — Compensation (16/1994)(1) If the contractor cancels the contract due to the commissioner’s delay in paymentor if the commissioner cancels the commission in accordance with section 26(1),the contractor shall be entitled to compensation for any special costs that he hasincurred due to the conclusion and performance of the contract and which arelikely to be of no other use as well as for any special costs incurred through thecancellation or withdrawal of the contract.(2) For other loss, the contractor shall be entitled to a reasonable compensationtaking into account the price agreed, the time of cancellation or withdrawal of thecontract, the measures undertaken to perform the contract, as well as othercircumstances.(3) The contractor shall, however, not be entitled to compensation if thecommissioner’s delay in payment or the withdrawal of the commission is due tothe provisions of an Act, the interruption of general transport or paymentcommunications or other similar hindrance which the commissioner cannotreasonably avoid or overcome.(4) A contract under which the compensation payable by the commissioner isdetermined formulaically as a certain proportion of the price, or on another72