PART 1Consumer contracts for goods, digital content and services
CHAPTER 4Services
What remedies are there if statutory rights under a services contract are not met?
I1I254Consumer's rights to enforce terms about services
1
The consumer's rights under this section and sections 55 and 56 do not affect any rights that the contract provides for, if those are not inconsistent.
2
In this section and section 55 a reference to a service conforming to a contract is a reference to—
a
the service being performed in accordance with section 49, or
b
the service conforming to a term that section 50 requires to be treated as included in the contract and that relates to the performance of the service.
3
If the service does not conform to the contract, the consumer's rights (and the provisions about them and when they are available) are—
a
the right to require repeat performance (see section 55);
b
the right to a price reduction (see section 56).
4
If the trader is in breach of a term that section 50 requires to be treated as included in the contract but that does not relate to the service, the consumer has the right to a price reduction (see section 56 for provisions about that right and when it is available).
5
If the trader is in breach of what the contract requires under section 52 (performance within a reasonable time), the consumer has the right to a price reduction (see section 56 for provisions about that right and when it is available).
6
This section and sections 55 and 56 do not prevent the consumer seeking other remedies for a breach of a term to which any of subsections (3) to (5) applies, instead of or in addition to a remedy referred to there (but not so as to recover twice for the same loss).
7
Those other remedies include any of the following that is open to the consumer in the circumstances—
a
claiming damages;
b
seeking to recover money paid where the consideration for payment of the money has failed;
c
seeking specific performance;
d
seeking an order for specific implement;
e
relying on the breach against a claim by the trader under the contract;
f
exercising a right to treat the contract as at an end.