In forceAmended2020 Revised Edition

Contents

Consumer Protection (Fair Trading) Act 2003 · 2020 Revised Edition · Part 3 · Additional Consumer Rights in Respect of Non-Conforming Goods

14. Application of this Part

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Amended

Last amended by an amending law of 2016. 2 amendments in all.

(1)

This Part applies if —

(a)

the transferee deals as consumer;

(b)

the goods do not conform to the applicable contract at the time of delivery; and

(c)

the contract was made on or after 1 September 2012.

(2)

If this section applies, the transferee has the right —

(a)

under and in accordance with section 15, to require the transferor to repair or replace the goods; or

(b)

under and in accordance with section 16 —

(i)

to require the transferor to reduce the amount to be paid for the transfer by the transferee by an appropriate amount; or

(ii)

to rescind the contract with regard to the goods in question.

(3)

For the purposes of subsection (1)(b), goods which do not conform to the applicable contract at any time within the period of 6 months starting after the date on which the goods were delivered to the transferee must be taken not to have so conformed at that date.

(4)

Subsection (3) does not apply if —

(a)

it is established that the goods did so conform at that date; or

(b)

its application is incompatible with the nature of the goods or the nature of the lack of conformity.[12B