F1PART 1B ADDITIONAL RIGHTS OF TRANSFEREE IN CONSUMER CASES
11MIntroductory
1
This section applies if—
a
the transferee deals as consumer or, in Scotland, there is a consumer contract in which the transferee is a consumer, and
b
the goods do not conform to the contract for the transfer of goods at the time of delivery.
2
If this section applies, the transferee has the right—
a
under and in accordance with section 11N below, to require the transferor to repair or replace the goods, or
b
under and in accordance with section 11P below—
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) above, goods which do not conform to the contract for the transfer of goods at any time within the period of six months starting with 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) above does not apply if—
a
it is established that the goods did so conform at that date;
b
its application is incompatible with the nature of the goods or the nature of the lack of conformity.
5
For the purposes of this section, “consumer contract” has the same meaning as in section 11F(3) above.
Pt. 1B inserted (31.3.2003) by The Sale and Supply of Goods to Consumers Regulations 2002. S.I. 2002/3045, reg. 9