PART 1Consumer contracts for goods, digital content and services
CHAPTER 2Goods
What remedies are there if statutory rights under a goods contract are not met?
I123Right to repair or replacement
1
This section applies if the consumer has the right to repair or replacement (see section 19(3) and (4)).
2
If the consumer requires the trader to repair or replace the goods, the trader must—
a
do so within a reasonable time and without significant inconvenience to the consumer, and
b
bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).
3
The consumer cannot require the trader to repair or replace the goods if that remedy (the repair or the replacement)—
a
is impossible, or
b
is disproportionate compared to the other of those remedies.
4
Either of those remedies is disproportionate compared to the other if it imposes costs on the trader which, compared to those imposed by the other, are unreasonable, taking into account—
a
the value which the goods would have if they conformed to the contract,
b
the significance of the lack of conformity, and
c
whether the other remedy could be effected without significant inconvenience to the consumer.
5
Any question as to what is a reasonable time or significant inconvenience is to be determined taking account of—
a
the nature of the goods, and
b
the purpose for which the goods were acquired.
6
A consumer who requires or agrees to the repair of goods cannot require the trader to replace them, or exercise the short-term right to reject, without giving the trader a reasonable time to repair them (unless giving the trader that time would cause significant inconvenience to the consumer).
7
A consumer who requires or agrees to the replacement of goods cannot require the trader to repair them, or exercise the short-term right to reject, without giving the trader a reasonable time to replace them (unless giving the trader that time would cause significant inconvenience to the consumer).
8
In this Chapter, “repair” in relation to goods that do not conform to a contract, means making them conform.