Read the untranslated law here: https://lovdata.no/dokument/NL/lov/2002-06-21-34
Law on Consumer Purchase (consumer law).
Affairs Ministry of Justice
LOV-2016-06-17-29 from 01/07/2016
Published in 2002 Booklet 6
current law - forbrkjl.
Chapter 1. Introductory provisions (§§ 1-4)
Chapter 2. The delivery etc. (§§ 5-12)
Chapter 3. The risk of thing (§§ 13-14)
Chapter 4. of Things characteristics, missing etc. (§§ 15-18 a)
Chapter 5. Delay. The consumer's claims as a result of delayed delivery (§§ 19-25)
Chapter 6. Consumer's claims resulting from defects in the purchased goods (§§ 26-36)
Chapter 7. Consumer's duties (§§ 37-40)
Chapter 8. Cancellation and return (§§ 41-42)
Chapter 9. the seller's claim of breach of contract by the consumer (§§ 43-48 a)
Chapter 10. Common rules for cancellation and replacement (§ § 49-51)
Chapter 11. Common rules on compensation (§§ 52-54)
Chapter 12. Miscellaneous provisions (§§ 55-61 a)
Chapter 13. Commencement and amendments to other laws ( §§ 62-63)
Ref. Laws May 13, 1988 no. 27, June 20, 2014 no. 27 (withdrawal). Ref. EEA Agreement Annex XIX. 7e (dir 1999/44) on certain aspects of consumer goods and associated guarantees.
Chapter 1. Introductory provisions
§ 1. General scope This Act applies consumer purchases, unless otherwise provided by law.
With consumer purchases means selling things to a consumer when the seller or the seller's representative acting in business.
Consumer means a natural person who is not primarily acting in business.
Representative acting for commercial purposes is jointly and severally liable with the seller for its obligations, unless the consumer is made expressly aware that the representative only acts as an intermediary and not jointly and severally liable with the seller. The responsibility does not apply when the seller even acting in business.
Act does change things mutandis.
§ 2. Application of the Act in some special circumstances Act applies to
ordering goods to be manufactured (production purchases)
delivery of water
purchase of receivables or rights
agreement with a distribution company for transmission of electric energy.
Act does not apply
buying real estate
agreement on construction of buildings or other facilities on real estate
contract with a power supplier for the supply of electrical energy. Chapter 5 of the delay will apply the delayed start of supply of electric energy.
agreement which obliges the party that will deliver the goods, also perform a work or other service, if this constitutes the predominant part of his or her obligations.
§ 3. Indispensability. Applicable law may not be agreed conditions favorable to the consumer than that provided by this Act.
It may not be agreed that the law of a state outside the EEA to be applied to a purchase agreement which has close ties to the EEA States territory, if the consumer at this get a worse protection than under this Act.
§ 4. The risk of sending messages If one party gives notice in accordance with the law and send it in a way that is reasonable under the circumstances, and unless otherwise noted, the sender may argue that the notification is given in time, although there occurs a delay or error during forward broadcast or message does not reach the other party.
Chapter 2. The delivery etc.
§ 5. Delivery place The thing to be kept ready for pickup at the place where the seller had his place of business when the acquisition was made. If the purchase was concluded without any connection to the seller's place of business, the thing comes with the consumer.
If the seller has more than one place of business, emphasis is place of business because most closely connected to the acquisition, with regard to such matters as the parties assumed at the time the purchase was made.
The parties may agree a different delivery location.
§ 6. Delivery time thing must be delivered without undue delay and within 30 days of purchase, unless otherwise agreed.
If it is agreed for a period of delivery, the seller has the right to choose the time if circumstances indicate that the choice is the consumer.
Have seller by retrieving purchase the right to choose the time of delivery, he or she shall in time give the consumer notice of when the item can be retrieved.
§ 7. Delivery Delivery occurs when the goods are taken over by the consumer.
§ 8. Additional Duties by sending purchase Should the seller make sure thing are sent, duties he or she sign any agreements needed to get the thing transported to their destination in an appropriate manner and on usual terms for such transportation.
Do not seller subscribe transport insurance thing, he or she reaches the consumer so requests, provide the information that the consumer needs to be able to take out insurance.
If the seller delivers the thing to a carrier without marking, in the transport document or otherwise evident that the will of the consumer, the seller must provide the consumer with such a message that makes it clear what the consumer should receive.
§ 9. The seller's lien seller is not obliged to surrender the goods, hand over the document, or otherwise transfer the disposal of the thing, without the purchase price paid at the time. This does not apply if the seller has provided consumer credit.
If the seller send thing to another place, he or she can not forbear to send it, but the seller may prevent the consumer gets disposition before purchase price paid.
§ 10. Responsibility for costs The seller bears the costs of goods until it is delivered. This paragraph does not charge by the delivery is delayed due to circumstances on the consumer side.
When thing to be sent to the consumer, it can be agreed that the costs arising from the transmission, be paid by the consumer in addition to the purchase price.
§ 11. Return of thing Returns that thing gives before the agreed delivery time accrues seller, when there was no reason to expect that it would fall later. Return that thing gives after the agreed delivery time falls to the consumer, when there was no reason to expect that it would fall earlier.
The parties may agree a different arrangement.
§ 12. Shares. Interest-bearing receivables Purchase of a share includes the dividends that were due before the purchase. The same applies to the right to subscribe for new shares when the court could not be used before purchase.
Acquisition of an interest-bearing receivables include the interest accrued but not due by the agreed delivery time. The equivalent value of such interest shall be paid as well as the purchase price unless the receivable is sold as uncertain.
The parties may agree a different arrangement.
Chapter 3. The risk of thing
§ 13. What risk involves When the risk of the thing has passed to the consumer, falling consumer's obligation to pay the purchase away at that thing then is lost, damaged or decreased as a result of an event which is not due to the seller.
§ 14. The level of risk transfer risk passes to the consumer when the goods are delivered in accordance with § 7. If the delivery time has come and the consumer fails to acquire a thing which is placed at his or her disposal, the consumer still the risk of loss or damage caused by the properties of the thing itself, such as putrefaction.
Shall consumer fetch thing in a different place than with the seller, the risk passes when delivery time comes and the consumer is aware that the thing is placed at his or her disposal at the delivery site.
Risk does not go to the consumer before the labeling, transport document or otherwise made clear that the goods intended for the consumer.
By sending purchase runs the risk to the consumer when the consumer or a third party consumer has pointed out that no carrier, physically received goods in his possession. The risk goes anyway to the consumer where the goods are handed over to the carrier, if the consumer has given the carrier transport mission, and it was not the seller who offered this transportation option. The second sentence does not affect the consumer's rights against the carrier.
Is a thing purchased and delivered to the test or otherwise with the right of return, the consumer risk of thing until it is again taken over by the seller. This does not apply when the consumer has the right to deliver the thing back by consumer law or equivalent respite after agreement on consumer purchases.
Chapter 4. of Things characteristics, missing etc.
§ 15 of Things characteristics thing shall be in accordance with the requirements of nature, quantity, quality, other properties and packaging as required by the agreement.
If it does not follow otherwise the agreement shall thing
fit for purposes similar things typically used
respond to what the consumer has reason to expect when purchasing such a thing when it comes to durability and other properties
fit for any particular purpose for which the seller was or had to be aware of when the purchase was concluded, if the seller has accepted this purpose or consumer otherwise have had reasonable grounds to build on the seller's expertise and assessment
Have properties that the seller has referred to by submitting a sample or model
be packaged in the usual or other appropriate manner as needed to preserve and protect the thing
comply with statutory requirements in legislation or public decisions pursuant to statute at the time the purchase contract is signed, unless the consumer intends to use the thing in such a way that the claim has no bearing | ||
be free third person right thing, such as ownership or lien. Likewise thing be free of third parties claim to be right thing when this is challenged, except when the claim is clearly unfounded.
§ 16. Lack thing has a defect if
not in compliance with one or more of the requirements of § 15
seller for the acquisition has failed to provide information to the thing or its use as he or she should know, and that the consumer had reason to expect to get if the failure can be assumed to have affected the purchase
not match information that the seller in its marketing or otherwise have given the thing or its use, if the seller does not show that the information before the purchase is aimed clearly, or that they could have affected the purchase
necessary information about installation, assembly, use, care and storage not included thing.
Subsection c applies correspondingly to information none other than the seller has given the item's packaging, in advertising or other marketing on behalf of the seller or previous sales levels.
The consumer may not assert that a lack anything he or she knew or should have been aware from the transaction.
The consumer may not assert as a lack which has its cause in materials supplied by the consumer. This does not apply if the seller because of the material's unsuitability should have discouraged their use.
§ 17. Things sold "as is." Auction Sales Although the thing is sold "as is" or with similar general reservations, there is a lack
when the thing is in worse condition than the consumer reasonably had reason to expect on the basis of the reservation, purchase amount and other circumstances, or
when circumstances referred to in § 16 first paragraph b or c.
Sold used items at auction where consumers have the opportunity to be present, the provisions of subsection corresponding to the extent applicable.
§ 18. The timing of the assessment of whether there is a shortage When assessing whether the thing has a defect, shall be the time when risk passes to the consumer, be endorsed, although the lack first become apparent later.
Unless otherwise proven, should a defect appearing within six months after transfer of risk, is presumed to have existed at the transfer of risk. This does not apply if the presumption is incompatible with the works or many lens art.
The seller is also liable for a defect that occurs later, if it is due to contract by his or her side.
§ 18 a. Guarantees The seller can undertake to respond to a failure to thing that is not a deficiency in accordance with the law, and can then determine what requirements the consumer can claim as a result of the error. The seller may also undertake to respond to a greater extent for a deficiency than under the rules of law.
Have seller by a guarantee as mentioned in the first paragraph committed within a certain time to respond fully or partially for the item's usefulness or other properties without specifying clearly what mistakes the thing the seller is liable and what requirements the consumer can claim as a result of the error, there is a shortage if the thing is not responding to the seller's obligation. This does not apply if the seller makes it probable that the error caused by an accident, improper handling of the goods or any other circumstances on the consumer side.
Has anyone other than the seller provided a guarantee as mentioned in the second paragraph, and it appears to the consumer as if it is provided by the seller, is a defect pursuant to subsection. This does not apply if the seller prior to purchase informs the consumer that he or she is not bound by a guarantee given by others.
A guarantee is legally binding on guarantor shall, under the conditions stipulated in the warranty statement and in associated advertising, and it restricts the consumer's rights under the Act, cf. § 3 subsection.
Chapter 5. Delay. The consumer's claims resulting from delayed delivery
§ 19. Consumer's claims for delay If the thing is not delivered or are delivered late and this is not due to consumer or conditions on the consumer side (delay), the consumer
withhold payment pursuant to § 20
Require performance under § 21
demand cancellation pursuant to § 23
claim damages under § 24
The consumer's right to compensation does not lapse when he or she asserts other requirements, or that these can not be implemented.
If the seller does not timely fulfill his obligations otherwise after purchase, the provisions relating to delays corresponding to the extent applicable, but not § 23 subsections. The parties may agree another solution.
§ 20. Right of retention consumer may withhold payment to cover claims resulting from the seller's delay, but not obviously more than that will give reasonable assurance requirement.
§ 21. Right to fulfillment Are delivery time come without the thing is delivered, the consumer may still insist on the purchase and demand fulfillment.
This does not apply if there is an obstacle that the seller can not overcome or whether a true will cause a big inconvenience or cost to the seller that there are significantly disproportionate to the consumer's interest in the seller meets. Difficulty falling away within a reasonable time, consumer demand fulfillment.
The consumer loses his right to demand performance if he or she delays unreasonably before submitting his claim.
§ 22. Request If the seller asks if the consumer will receive delivery despite the delay or notify the consumer of the goods will be delivered within a specified time, but the consumer does not respond within a reasonable time after he or she has received the message, the consumer may not raise the fulfillment occurs within the time specified.
§ 23. Raising the seller has not delivered the thing in time in accordance with § 6, the consumer shall encourage the seller to deliver within a reasonable extension deadline. If the seller does not deliver within this additional period, the consumer may terminate the contract.
The first paragraph does not apply if the seller has refused to deliver the goods if delivery within the agreed time is crucial for the conclusion of the agreement or the consumer before conclusion of the agreement notifies the seller that delivery within or at a particular time is crucial. If the seller in such cases not delivered on time in accordance with § 6, the consumer may immediately terminate the contract.
If the goods delivered, the requirement for cancellation apply within a reasonable time after the consumer was informed about the delivery.
§ 24. Compensation consumer may claim damages for losses they suffer as a result of delay from the seller's side.
This does not apply as far as the seller can prove that the delay was due to an impediment beyond his or her control, that the seller could not reasonably be expected to have taken into account at the appointment time or to avoid or overcome the consequences of.
If the delay on a third party vendor has engaged wholly or partially fulfill the purchase, the seller is exempt from liability only if the third party would be exempt under the rule in the second paragraph. The same applies if the delay is due to a provider that the seller has used, or on any other previous sales levels.
Exemption from liability applies as long as the obstacle is present. If the impediment ceases, liability may be enforced if the seller is then obliged to fulfill, but do not do this.
Compensation calculated according to the provisions of Chapter 11.
§ 25. Duty to disclose obstruction prevented the seller from fulfilling purchase at the right time, the consumer shall be notified of the impediment and its effect on the possibility of fulfilling. The consumer gets no such notice within a reasonable time after the seller knew or should have known of the impediment, the consumer may claim damages for losses that could have been avoided if he or she had received the message in time.
Chapter 6. Consumer's claims resulting from defects in the purchased goods
§ 26. Consumer's claim for defects If there is a shortage and this is not due to consumer or conditions on the consumer, the consumer may
withhold payment pursuant to § 28
choose between rectification and replacement in accordance with §§ 29 and 30
demand a reduction under § 31
demand cancellation pursuant to § 32
claim damages under § 33
The consumer's right to compensation does not lapse when he or she asserts other requirements, or that these can not be implemented.
For other errors in the seller's compliance with the provisions concerning lack insofar as appropriate. The parties may agree another solution. Appointment of speech does not apply to installation liabilities included in the sales agreement.
§ 27. Complaints If there is a shortage of goods, the consumer must, within a reasonable time after he or she has discovered or should have discovered it, give the seller notice that he or she will invoke the defect (complaint). This deadline for publishing may never be less than two months from the time the consumer discovered the defect.
Complaints must occur no later than two years after the consumer acquired thing. If the thing or any part thereof during normal operation is supposed to last considerably longer, the deadline for filing complaints is five years. This does not apply as far as the seller by a guarantee or other agreement has assumed responsibility for defects for a longer time. The deadlines for the first and second sentence does not apply if there is a deficiency in accordance with § 15 subsection g.
Complaints may instead be submitted to it as in agreement with the seller has undertaken to remedy the deficiencies.
If the consumer fails to claim in time, he loses the right to the deficiency. This does not apply if the seller has acted with gross negligence or otherwise contrary to honesty and good faith. The right to the deficiency can also be lost under the Limitation Act concerning prescription.
§ 28. Right of retention consumer may withhold payment to cover claims resulting from the defect, but not obviously more than that will give reasonable assurance requirement.
§ 29. Correction and replacement (remedy) The consumer may elect to require that the seller provide for correcting the defect or supplying similar things (redelivery). This does not apply if the implementation of the requirement is impossible or causes the seller unreasonable costs.
In determining whether the costs are unreasonable under the first paragraph, second sentence, particular emphasis on the value of a defect things, many lens significance and whether other remedies can be completed without significant inconvenience to the consumer.
Although the consumer does not require repair or replacement under the law, the seller may offer repair or replacement if this happens without delay. If the seller makes such repair or replacement in accordance with the law, the consumer can not demand a price reduction or uplift.
§ 30. Implementation of remedial Corrective shall not be charged and without significant inconvenience to the consumer within a reasonable time and without risk that the consumer does not have their expenses reimbursed by the seller.
The seller is not entitled to make more than two remedial attempts for the same defect, unless there are special reasons that make further remedial reasonable.
If the seller's remedies will mean that consumers in more than a week will be prevented from using the thing, the consumer demand to set a replacement item available to the seller's expense. However, this applies only if the claim appears to be reasonable in relation to the consumer's needs and the cost or inconvenience that the seller applied.
If there is a defect, the seller only charge fees for surveys that have been necessary to determine whether there is a shortage and payment for repair of the goods, if the seller has made the consumer expressly advised that he or she even must cover such costs.
§ 31. Price reductions If the deficiency is not corrected or thing redelivered in accordance with §§ 29 to 30, the consumer may require an appropriate price reduction so that the relationship between renal and agreed price corresponds to the relationship between the item's value in deficient and contractual condition on delivery time .
If special reasons for doing so, the discounted price is instead set equal to many bilge meaning for the consumer.
Consumer can not demand a discount on the sale of used items at auction where he or she has the opportunity to be present.
§ 32. Termination Instead of price reduction under § 31 the consumer may terminate the contract, except when the defect is immaterial.
§ 33. Compensation consumer may claim damages for losses they suffer as a result of that thing has a defect.
Applies the agreement with the grid operator if the transmission of electrical energy (cfr. § 2 subsection d), the consumer may claim damages for losses caused by the defect. This does not apply as far as the grid company can prove that the defect is due to interference mentioned in § 24, second paragraph. The rules of § 24 shall apply accordingly.
Compensation calculated according to the provisions of Chapter 11.
§ 34. Product Injuries seller's liability for damages resulting from a deficiency include, besides damage to the goods themselves, also damage to objects that the goods used in the preparation of, or who have a close and direct relationship with salgstingens presumed use.
For other product damage than those mentioned in the first paragraph, the consumer may claim damages unless the seller can prove that the loss was not due to the fault or negligence of the seller.
When the seller pays compensation for damage other than the goods themselves, enters seller into the consumer's claims against the manufacturer under the Act of 23 December 1988 no. 104 on Product Liability.
§ 35. Claims against former sales personnel, etc. The consumer can make his complaint against the seller invoked against a former professional sales personnel insofar similar claims due to the defect may be invoked by the seller or another who acquired the thing from the previous joint.
Agreement in previous sales clause that restricts the seller or another acquirer requirements, can not be invoked against the consumer's claim under subsection greater extent than could have been agreed between the consumer and the merchant.
Complaints provisions of § 27 apply correspondingly to claim under this section.
The consumer may at the same conditions as in subsections make his claim as a result of a deficiency against a practitioner who by agreement with the seller or previous paragraph has completed work on the thing.
The consumer may also make claims under the provisions of Law 13 May 1988 no. 27 on purchases § 84 first paragraph, if this gives the consumer greater rights than is required by this section.
Past sales personnel can not offset to the consumer with a claim against the seller.
§ 36. Responsibility for information pursuant to § 16 subsection When a manufacturer or other person in earlier sales segments have provided information as mentioned in § 16, second paragraph, he or she is jointly and severally liable with the seller for losses consumer suffers because of enlightenment.
Chapter 7. Consumer's duties
§ 37. Purchase While size Are purchases entered into without the price stipulated in the Agreement or of information the seller has given in advertisements, the exhibition offers el, the consumer shall pay the current price of appointment time for the same kinds of things sold under similar conditions, in so far as price is not is unreasonable. There is no such current price, the consumer must pay what is reasonable having regard to the item's nature and kindness and other circumstances.
Shall purchase price is determined by figures, measurements or weight, assumed amount at the time when the risk of thing going to the consumer. Is the price determined by weight, feeds the weight of the package from.
The seller can not in addition to the purchase require fee for issuing and sending the bill unless it clearly stipulated in the Agreement.
§ 38. Time of payment. Right to withhold Following non payment time of the agreement, the consumer shall pay when the seller demands it.
Unless otherwise agreed, the consumer has no obligation to pay the purchase price without the goods being delivered or placed at his or her disposal in accordance with the contract and the law.
The consumer is not bound by a prior agreement regarding the obligation to pay at a certain time regardless of whether the seller fulfills at the right time.
Before the consumer pays, he or she is entitled to examine the thing normally, when this is not inconsistent with the procedures agreed for the delivery and payment of the purchase price.
§ 39. Place of payment The purchase price to be paid at the seller's place of business. If the seller has more than one place of business, emphasis is place of business because most closely connected to the acquisition, with regard to such matters as the parties assumed at the time the purchase was made. If the seller does not have a place of business associated with the purchase, the seller's residence basis. If payment shall be made against delivery of the thing or document shall be made at the place where the handover takes place.
The seller is liable for increased costs associated with the payment due to the business place is relocated after the purchase was made.
§ 40. Consumer's participation at fulfillment of purchase consumer shall
provide such assistance as it is reasonable to expect of him or her for the seller to be able to fulfill your purchase and
acquire thing by recalling or receive it.
Chapter 8. Cancellation and return
§ 41. Cancellation before delivery Feedback consumer thing before delivery, the seller can not uphold the purchase and demand payment. Unless otherwise agreed, the seller may instead claim compensation for loss as a result of the cancellation.
The parties may agree a normal replacement cases (cancellation fee). Normal compensation can not be set higher than the compensation under Chapter 11 would normally be expected to constitute.
If it is not agreed cancellation fee, assessed compensation under the provisions of Chapter 11.
§ 42. Return of delivery After the thing is delivered, the consumer is not exempt from paying the purchase price although thing comes back to the seller.
Payment obligation lapses still
If the conditions for cooling-off period law is fulfilled or
if a right of return specified in the agreement, for example by the thing purchased on probation (home lending, deposit).
Consumer may change thing if Exchange Policy must be regarded as agreed or follows from the general rules of law.
Chapter 9. The seller's claim of breach of contract by the consumer
§ 43. Seller's requirements If the consumer does not pay or meet its other obligations under the agreement or the law, and this is not due to the seller or conditions of the seller, the seller
require performance under § 44
demand cancellation pursuant to § 45
claim damages and interest under § 46
hold performance back after § 9
The seller's right to compensation and interest does not lapse when he or she asserts other requirements, or that these can not be implemented.
§ 44. Right to demand fulfillment The seller may insist on the purchase and require the consumer to pay the price. This does not apply as long as payment is prevented by any stoppage of communications or payment transfers or other circumstances beyond the consumer's control and which the consumer can not overcome.
If the goods not yet delivered, the seller loses his right to demand performance if he delays unreasonably before submitting his claim.
§ 21 applies correspondingly to the seller's right to demand fulfillment of the consumer's duty to contribute to the purchase (ref. § 40).
§ 45. Raising seller can cancel the contract due to delayed payment or other breach of contract by the consumer if the consumer contract is significant. The seller can not increase after the full purchase price has been paid.
The acquisition may also be raised if the consumer does not pay the purchase price within a reasonable extension deadline set by the seller. While the extended time, the seller may not raise unless the consumer has said he or she did not meet the deadline.
If the goods already taken over by the consumer, the seller may only terminate if a reservation is made whether or consumer rejects thing.
§ 46. Compensation. Interest not paid the purchase price on time, the seller may claim interest of the purchase by the Act of 17 December 1976 no. 100 relating to interest on overdue payments
seller can also claim compensation for the loss he or she suffers as a result of breach of contract by the consumer . This does not apply as far as the consumer can prove that the breach caused by stoppage of communications or payment transfers or other impediment beyond the consumer's control that he or she could not reasonably be expected to have taken into account at the appointment time or to avoid or overcome the consequences of. The rules in § 24 subsections apply correspondingly. Compensation calculated according to the provisions of Chapter 11.
§ 47. Duty to disclose obstacle hindered the consumer in fulfilling purchase at the right time, the Seller shall be notified of the impediment and its effect on the possibility of fulfilling. The seller gets no such notice within a reasonable time after the consumer knew or should have known of the impediment, the seller may claim compensation for losses that could have been avoided if he or she had received the message in time.
§ 48. Specification Should the consumer decide the item's shape, dimensions or other characteristics, and this is not done on time or within a reasonable time after the seller has called for it, the seller may even make it consistent with what he or she must assume is the consumer's interest. This does not prevent the seller to assert claims that he or she has.
The seller must inform the consumer about the specifications he or she will use and give the consumer a reasonable period to change specifications. Does not the consumer in good time after receiving the seller's message, the seller's specifications binding.
§ 48 a. Closure due to consumer contract by agreements on transmission of electric energy network company can interrupt (stop) the transmission of electric energy if there is a material breach of contract by the consumer in an agreement referred to in § 2 subsection d . Closure may still not happen if
there is danger to life, health or substantial property damage, or
consumer has objections to the basis for the closure, which is not manifestly unfounded.
Before closing can take place, the network company shall send the consumer a written notice of closure. The notice shall specify
that closure will not happen if the consumer pays within four weeks from the date the notice was mailed
that the consumer should take urgent contact with the network provider if closure may endanger life, health or substantial property damage, or if the consumer has objections to the basis for closure,
That the consumer may be required to cover the necessary costs associated with the closure and eventual reopening of the consumer's facility,
that the consumer can contact the social services in the municipality consumer has permanent residence, to clarify the law on social services in NAV provides economic benefit to remedy the situation.
If social services by the deadline in the second paragraph, second sentence letter a has notified in writing that it takes on the responsibility to fulfill the consumer's commitment, can closure not happen.
The grid company may require that the consumer will pay the necessary costs associated with the closure and eventual reopening of the consumer's facility. Necessary expenses related to the preparation and sending of notice under subsection may be claimed even if the closing does not take place. The grid company can not claim to cover their costs in the first and second sentence if it has acted contrary to the provisions of subsections.
The provisions of § 45 on raising the contract by the consumer does not apply. The provision in § 55 on the expected contract does not apply to anticipated breach of contract by the consumer.
Chapter 10. Common rules for cancellation and replacement
§ 49. Effects of termination and replacement When the purchase is raised, the parties' duty to fulfill purchase away.
Is your purchase fully or partially fulfilled by either side, the received required reversed. A party may withhold that which is received until the other gives back what he or she has received. The same applies when the party is entitled to compensation or interest and adequate security is not furnished.
If the seller redeliver, the consumer may withhold what he or she has received until redelivery occurs.
The termination does not affect terms and conditions of trade secrets, the settlement of disputes or on the rights and duties as a result of the raising.
§ 50. Return and rate of reversal Heves purchase, consumer credit seller returns that he or she has had of the goods, and provide reasonable compensation for material benefit he or she otherwise have had of it.
If the seller shall pay the purchase price back, obliged the seller to pay interest under the Act 17 December 1976 no. 100 relating to interest on overdue payments from the day the consumer advertised on the defect. If the consumer demanded compensation for the usefulness of the object under subsection duties seller still paying such interest from the day the seller received payment.
§ 51. Loss of claim termination and replacement consumer may cancel the contract or require replacement only if the thing comes back in the same condition and quantity as he or she received it. The consumer loses still not right to raise or require replacement if
reason it is impossible to return the thing in the same condition and quantity, the item's own nature or other circumstances that do not depend on consumer
thing wholly or partly perished or deteriorated as a result of an action that is needed to investigate whether the thing has a defect, or
thing is totally or partially consumed or changed by the consumer under the intended conditions before he discovered or should have discovered the defect that causes rejection.
The consumer does not lose the right to cancel the purchase or claim redelivery if he or she at redelivery replaces the decreased value of the thing had.
Chapter 11. Common rules for compensation
§ 52. The amount of compensation scope Compensation for breach of contract by one party's side should respond to the economic loss, including disbursements, the price difference and lost profits, which the other party is applied by the breach. However, this applies only loss as a reasonably have foreseen as a possible consequence of the breach.
The compensation does not include
losses due to injury
loss in consumer businesses.
§ 53. Calculation of the price difference by raising If the purchase is raised and the consumer making purchase or Seller makes enforcement sale of properly and within a reasonable time after discharge, added purchase price and the price for coverage transaction basis when the price difference shall be calculated.
Is purchase raised without making coverage in accordance with the first paragraph, and it's current price for the goods, put the purchase price and the prevailing price of raising time basis when the price difference shall be calculated.
As current price deemed price of delivery rather than the things of the same kind or, if it did not apply any current price there, at another place that can reasonably be equated with this, however, that having regard to the difference in transportation costs.
§ 54. Duty to mitigate losses. Modification of responsibility A party claiming the breach of contract by the other party, shall upon reasonable measures to limit their losses. Neglecting this, he or she must bear the corresponding part of the loss.
The compensation may be reduced if it would be unreasonable for the responsible party from the size of the loss in relation to the loss that typically occurs in similar cases, and other circumstances.
Chapter 12. MISCELLANEOUS PROVISIONS
§ 55. Estimated contract for anticipated contract, the provisions of Law 13 May 1988 no. 27 on purchases §§ 61 and 62.
§ 56. insolvency proceedings Will one of the parties under the insolvency proceedings, the provisions of Recovery Act Section 7
§ 57. Breach of contract by part of the thing includes the seller's breach of contract only part of the goods sold, the rules concerning deficiencies and delays in Chapters 5 and 6 of the law for this part. The consumer may cancel the contract in its entirety when the breach is significant for the entire purchase.
Must seller under the circumstances believed to have finished his delivery still not everything is delivered, the rules concerning missing.
§ 58. Consumer's right of termination when it will be delivered gradually Should seller deliver gradually, and it is a breach of contract by a single partial delivery, the consumer may cancel this provision under the rules for cancellation.
Provides breach consumer good reason to expect that it will occur contract that will give right of termination on subsequent deliveries, he or she can on this basis raising for such entitlements if it occurs within a reasonable time.
If the consumer raises for a single delivery, he or she simultaneously cancel the contract earlier or later deliveries because of the connection between deliveries will not be used for purposes that the parties assumed the appointment time.
§ 59. The Seller's right of termination when it will be delivered gradually Should seller deliver gradually and consumer pay or contribute to corresponding records, and it is a breach of contract by the consumer at a single delivery, the seller can raise for this shipment in accordance with § 45.
Provides breach seller good reason to expect that it will occur contract that will give right of termination on subsequent deliveries, he or she can on this basis raising for such entitlements if it occurs within a reasonable time.
§ 60. Caring for thing If the consumer does not pick up or receive the thing at the right time or circumstances otherwise on the consumer side has meant that it is not given to him or her, shall the seller for the consumer's expense take such care of thing that is reasonable under the circumstances, if the seller has the thing in his custody or otherwise can take care of it.
Will consumers reject one thing that he or she has taken over, the consumer must be the seller's expense take such care of it that are reasonable in the circumstances. The consumer will reject the one thing that is sent to him or her and placed at his or her disposal at the destination, the consumer must take care of the seller's expense, if the consumer can do this without paying the purchase price or incur unreasonable costs or inconvenience. This does not apply if the seller or anyone on the seller's behalf can take care of the thing at the destination.
A party who is obliged to take care of the thing, can let a third person defend it under the provisions of Law 13 May 1988 no. 27 on purchases § 74. §§ 75, 76, 77 and 78 of the same Act for a party right to compensation and retention, the sale of or other disposition of the thing and of accounting and crediting of dividends apply correspondingly.
§ 61. In particular, consumer concept in certain international purchase order agreements to buy things between parties with places of business or residence in various countries outside the EU, the Act buying things for personal use of the buyer, the buyer's family or household, unless the seller on or before the appointment time neither knew nor should have known that the thing was bought for any such purpose.
§ 61a. (Repealed by Act 17 June 2016 no. 29 (ikr. July 1, 2016 acc. Res. 17 June 2016 no. 703).)
Chapter 13. Commencement and amendments to other laws
§ 62. Commencement This Act applies from 1 July 2002.
Act applies only to contracts concluded after its entry into force.
§ 63. Amendments to other Acts From the time the law comes into force, the following amendments to other Acts - - -
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