Valid from 31/03/2003

[F1 PART 1B U.K. ADDITIONAL RIGHTS OF TRANSFEREE IN CONSUMER CASES

Textual Amendments

F1 Pt. 1B inserted (31.3.2003) by The Sale and Supply of Goods to Consumers Regulations 2002. S.I. 2002/3045, reg. 9

11N Repair or replacement of the goods U.K.

 

(1) If section 11M above applies, the transferee may require the transferor—

(a) to repair the goods, or

(b) to replace the goods.

(2) If the transferee requires the transferor to repair or replace the goods, the transferor must—

(a) repair or, as the case may be, replace the goods within a reasonable time but without causing significant inconvenience to the transferee;

(b) bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).

(3) The transferee must not require the transferor to repair or, as the case may be, replace the goods if that remedy is—

(a) impossible,

(b) disproportionate in comparison to the other of those remedies, or

(c) disproportionate in comparison to an appropriate reduction in the purchase price under paragraph (a), or rescission under paragraph (b), of section 11P(1) below.

(4) One remedy is disproportionate in comparison to the other if the one imposes costs on the transferor which, in comparison to those imposed on him by the other, are unreasonable, taking into account—

(a) the value which the goods would have if they conformed to the contract for the transfer of goods,

(b) the significance of the lack of conformity to the contract for the transfer of goods, and

(c) whether the other remedy could be effected without significant inconvenience to the transferee.

(5) Any question as to what is a reasonable time or significant inconvenience is to be determined by reference to—

(a) the nature of the goods, and

(b) the purpose for which the goods were acquired.]