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Law On Trade Services, Etc. For Consumers [Craftsman Services Act]

Original Language Title: Lov om håndverkertjenester m.m for forbrukere [håndverkertjenesteloven]

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Law of craftsman services m.m for the consumers [ artisans service law ].

Date LAW-1989--06-16-63
Ministry of The Justis and the Department of Emergency
Last modified LAW-2007-06-15 -36
Published ISBN 82-504-1494-2
Istrontrecation 01.01.1990
Changing
Announcement
Card title The workshops service law-hvl.

Capital overview :

Jf. Promise 13 May 1988 # 27 (onion repurchases), 3 July 1992 No. 93 (fixed property), 13 June 1997 No. 43 (buyout entry), 21 June 2002 # 34 (consumer purchases).

Chapter I. Virkerange m.

SECTION 1. Almemorial scope.
(1) The law applies to agreements or missions of specific services (repairs, maintenance, installations, rebuilding m.m.) as the approach between service providers in their nutritional and consumers.
(2) With the consumer means a physical person who does not primarily act as clause of nutrition.
(3) Also, organizations or public business that provide services against allowance is considered to provide services in nutrition.
(4) These services are retaken by the law :
(a) work on things, still not treatment of living animals.
(b) work on solid property, excluding the newly entry of building for bopurpose and other work performed immediately as clauses in such entry.
0 Modified by law 21 June 2002 # 34 (ikr. 1 July 2002).
SECTION 2. Dissolution to purchase.

The law does not apply to work to be carried out in connection with order, delivery, or correction of the thing or property, when the agreement in its entirety must be considered a purchase.

SECTION 3. Ideitability.

It cannot be agreements or be made current terms that are unstigma for the consumer than what follows the provisions of the law here.

SECTION 4. The risk of sending messages.

If a party gives message in accordance with the law and sends it in a way that is justifiable after conditions, and no other progress, the sender can make the current that the message is given in time even if it is delayed or not coming right forward.

Chapter II. The mission.

SECTION 5. Execution and materials.
(1) The service provider shall carry out the service professional and otherwise detained the consumer's interests with the provision of care. In the extent conditions, the service provider shall be veered or coyed with the consumer.
(2) The execution includes the delivery of the materials needed, when otherwise does not follow through agreement or conditions. Leaved materials should be of regular good quality, when not otherwise follows by appointment.
(3) Is the price not agreed and the service can be performed in several ways, the service provider shall perform it in the affordable manner if not received word of anything else. The beholder service provider this is reduced the price after Section 32 (4).
SECTION 6. Public safety requirements.

The service shall be conducted in compliance with the security requirements determined in law or in co-laws of law.

SECTION 7. Pliked to deprive.
(1) If the service provider prior to agreement has been reached or before work has been initiated, assume that the price of a repair will stand in disconnection to that thing is worth in fixed condition, or by the way that the service will not amount to reasonably benefit from the consumer, shall the service provider orient the consumer about it.
(2) If the service provider during execution is given reason to assume that the price will be significantly higher than the consumer had to wait, or reason to doubt whether the consumer still has the interest in getting the service carried out as provided, the service provider shall contact the consumer. Is the consumer not to hit or receive the service provider for other reasons not to be notified, the service provider shall halt the work if this must be assumed to be in the consumer's interest.
SECTION 8. Unlet discouraged.
(1) The service provider did not notify the consumer or halted the work in accordance with Section 7, and it must be assumed that the consumer otherwise had left to order or had cancellation the service, the service provider may not demand payment in further extent than whether the consumer had left to order or had avordered.
(2) Costs not covered after the first clause, the service provider may still require the deck so far it is affordable and the interiding payment does not exceed the value that it performed work has for the consumer.
SECTION 9. Additional work.
(1) Indicates that under the execution needs of work outside the mission of which it is convenient to carry out with the mission (additional work), the service provider shall contact the consumer.
(2) Is the consumer not to hit, or receives the service provider for other reasons not notified within reasonable time, additional work can still be carried out if
(a) The consumer must be assumed to have additional work done, and
(b) The price of the additional work is negligible in itself, or it is low in relation to the price of the agreed service.
(3) The service provider duties in reasonable extent to carry out additional work that cannot be exposed without any risk of significant damage to the consumer.
(4) About price drop for additional work applies Section 33.
SECTION 10. Time for execution.
(1) The service shall be concluded within the time that is agreed or reasonably, especially in relation to what is common at execution of equivalent services.
(2) The service provider shall also comply with agreed deadlines for the start of the service or progress of the work.

Chapter III. Delay of the service.

SECTION 11. The user's claim by delay.

If the service provider has not ended the service or overfront deadlines in accordance with Section 10, and this is not due to the consumer's side, the consumer can

(a) keep the payment back after Section 13.
(b) require the service taken after Section 14 or raise the deal after Section 15, and
(c) demand replacement after Section 28.
SECTION 12. Reclamation.

Is the service concluded, the agreement may not be lifted or compensation is required unless it is within reasonable time after the consumer learned of the shutdown, is given the subdirection of the service provider about the delay of the families of the public.

SECTION 13. Right to keep the payment back.
(1) The consumer can hold so much of the payment that it ensures the requirements the consumer has as a result of the delay.
(2) Is the agreed payment by the work start or as the service is carried out, the consumer can also keep this payment back up until work on the initiated or performed.
SECTION 14. Right to get the service done.
(1) The consumer can maintain the agreement and demand that the service provider carry out the service when it can happen without unreasonable cost or disadvantage of the service provider in relation to the consumer's interest in that the service provider performs the service.
(2) A consumer who is waiting unreasonably long with promoting the claim loses its right to demand the service carried out.
SECTION 15. Claims.
(1) The consumer can raise the agreement if the delay is of essential importance. A consumer that has claimed execution may still not raise the agreement if the service is executed within reasonable time or within the due date the consumer has set.
(2) Is a non-insignificant part of the service, the consumer can only raise for the part that is left behind. If the purpose of the service becomes significantly foregone as a result of the delay, the consumer can still raise the entire agreement.
(3) Is that before the time of execution or during the execution clear that the service will not be carried out without delay giving the consumer retaliation, the consumer may raise the agreement already before the fulfillment of the time.
SECTION 16. The effects of the rise.
(1) The Heaver consumer the entire agreement, the service provider does not have the right to payment. The service provider has the right to obtain retrograde materials m.o; to the extent that it is possible without the inconvenience of meaning or cost to the consumer. For what cannot be provided back, the service provider may require reasonable resettlement until the value this has for the consumer.
(2) Heves the agreement only for a part that stands again, the service provider has claimed the price of the entire service with deductions for what it normally costs to get the part that stands left behind.
(3) If the service provider shall pay off the charge entirely or partially back, it shall be paid interest after law of 17. December 1976 # 100 about interest at delayed payment m.from the day the service provider received the payment.

Chapter IV. Missing at the service.

SECTION 17. When has been a shortage.
(1) Lack of absence is if the service does not lead to the result that the consumer in accordance with Section 5, 6 and 9 (3) has the right to demand or otherwise agreed. Lack of lack of absence is still not if the discrepancy is due to the consumer's side.
(2) Mangel is even though the service provider has only claimed to carry out the service provical, as good as possible or with similar reservations, and result is significantly worse than the consumer after the price and conditions otherwise had to wait.
SECTION 18. Details of the service.
(1) Mangel also is also when the result is not responding to the information of the judgment of the service of the service or the purpose of the purpose of the appointment of the appointment of the appointment of the appointment of the appointment of the
(a) of the service provider or on the service provider, or
(b) of someone else in property of or on behalf of a material provider or a former sales provider.
(2) The first clause only applies when the information not in time has been corrected in a clear manner and can be assumed to have seemed to be on the deal.
SECTION 19. Missing information.

Lack of Mangel is also when the service provider before the agreement was reached, has neglected to illuminate the importance of the service's properties or the appropriate response to which the service provider had to know, and as the consumer had reason to prop up. This is still applicable only when the avoidance can be assumed to have seemed to be on the deal. At the missing subdirection after Section 7 (1) applies to Section 8 about the impact of the avoidance of the avoidance.

SECTION 20. The time of the lack of judgment.
(1) Whether the service has a lack of judgment from the conditions at the time when the mission must be deemed concluded. By services that apply to things that are surrendered to or otherwise are with the service provider, the mission is deemed to be concluded first when the thing is taken over by the consumer.
(2) If the service has been carried out, but the mission cannot be terminated in the right time due to conditions on the consumer's side, then that time is placed to reason when the mission should have been concluded. This still does not apply to a random hending that incomes while the thing the service applies is with the service provider and the execution is not due to the properties of the thing itself.
(3) Also failures that arise later be considered a shortage if
(a) the failure is due to contract violation from the service provider's page, or
(b) The service provider by warranty or otherwise has claimed to correct the error or has any other liability for the result of the service in a certain amount of time, and the failure arises at this time.
SECTION 21. The user's claim by missing.
(1) By the absence of the consumer
(a) keep the payment back after Section 23,
(b) demand the lack of attention after Section 24, or if the lack is not corrected, requiring price-off after Section 25 or raising the deal after Section 26, and
(c) demand replacement after Section 28.
(2) About claims against others other than the service provider applies Section 27.
SECTION 22. Reclamation.
(1) The consumer loses its right to make a lack of current if the service provider is not informed that the lack of families are made within reasonable time after the consumer discovered or should have detected the lack.
(2) Reclamation can at work on things latest occur within two years from the conclusion of the mission. If the result of the service or parts of it by regular use is meant to last significantly longer, as well as by work on fixed property, the lengthening deadline is five years. The Temptation of this clause does not apply to as far the service provider by the warranty or other agreement has claimed responsibility for missing for longer term.
(3) The service provider cannot make the current that it is advertising late after (1) or (2) if the service provider has been performing rough or otherwise in violation of realty and good faith.
(4) The court to make the lack of current can also be tapires after the statute of limitations on the statute of limitations.
0 Modified by law 15 June 2007 # 36.
SECTION 23. Right to keep the payment back.

The consumer can hold so much of the payment that it ensures the consumer's claims as a result of the lack.

SECTION 24 Correction of the lack.
(1) The consumer may require that the service provider correcter the service when it can happen without unreasonable cost or disadvantage for the service provider.
(2) Even if the consumer does not require it, the service provider can correct a shortage when it can happen without significantly disadvantage to the consumer, and the consumer also has no reason to oppose the work.
(3) Fix shall occur within reasonable time after the consumer has complained about the lack and given the service provider the possibility of correcting.
(4) Fix is happening for the service of the service. The service provider may still require price drop for work and materials that are not revisited by the price and that would be necessary even if the service had been carried out without a shortage from first.
SECTION 25. Pricing.
(1) If the lack of the lack of compliance with Section 24, the consumer may require price rejections. This does not apply if the consumer declines declines as the consumer duties to receive.
(2) The price layer is set to what it would cost the consumer to obtain the lack of need, except for costs as mentioned in Section 24 (4) other period. Will the costs become unreasonable in relation to the diversity of the consumer, the price of the price of the diversity shall respond to the diversity of the diversity.
SECTION 26 Claims.
(1) Instead of pricing, the consumer can raise the agreement if the purpose of the service becomes significantly forefailed as a result of the lack.
(2) Is it clear before the service is initiated that it will have a lack of essential importance, the consumer may raise the agreement before the time of compliance. The same is true for a portion of the service that stands again, if it before the service has ended is clear that it will have such a shortage. Is it after the service has been initiated, but before it is concluded, clear that it will have a shortage that allows the purpose of the service to be significantly failed, the consumer may raise the entire agreement.
(3) Whether the effects of the increase apply Section 16 equivalent.
SECTION 27. Requirements against previous vendor clause m.As
(1) The consumer can make its claim as a result of the lack of materials current against previous occupational vendor clauses in the degree equivalent of the lack of the lack of service can be made current by the service provider or another who acquired the materials from it previous vendor clause.
(2) Agreement in previous vendor clauses that the cutting service provider or any other erverse requirement cannot be made current to the consumer in greater extent than what could be agreed between the consumer and the service provider.
(3) Upon claims against previous vendor clauses, the advertising rules apply in Section 22 equivalent in the relationship between the consumer and the supplier.
(4) The consumer can on the same terms as i (1) to (3) make its claim as a result of a lack of work current against an occupational practitioner that after agreement with the service provider has carried out the work or the share of what the lack applies.
(5) To the extent the consumer makes current claims against the service provider who could also have been made current against an earlier professional vendor clause or other occupational practice by the rules in (1) to (4), the advertising deadline applies in Section 22 (2) for further The diversity requirements from the service provider against the former clause, if not otherwise following the agreement between the service provider and the earlier clause. The rule here applies to the equivalent of further claims between previous clauses that follow that the consumer has made current diverse demands.
(6) A person who has no shortage of liability following the joints in front of, and as on behalf of the service provider or on behalf of previous vendor clause has provided such details of the service as mentioned in Section 18, is responsible to the consumer after the rules of Section 28. The advertising rules in Section 22 apply accordingly to the relationship between the consumer and the responsible following the clause here.
0 Modified by law 13 June 1997 No. 43 (ikr. 1 July 1998).

Chapter V. The service of the service of the service.

SECTION 28. Replacement liability for delay and lack.
(1) The consumer may demand damages for losses as a result of delay or lack. This still does not apply to the extent that it is well-made that the loss is due to an obstruction beyond the service of the service, and as the service provider did not reasonably be expected to have taken into consideration of the appointment time or to avoid or overcome the consequences of.
(2) The Beror loss on a third-person service that the service provider uses to carry out the service, the service provider is free of charge only if also the third person would be exempt after the rule in (1).
(3) For damage to other than the thing or real estate share the service applies or to anything that has close and direct context of the thing or property part is predicted to, the consumer may claim compensation unless the service provider is well-made that the loss is not due to failure or neglect on the service's website.
SECTION 29. Other replacement liability.
(1) The rules of Section 28 apply to the equivalent of if things or property are sustained damage while it was in the service of the service of the service or by the way under the service's control.
(2) For losses otherwise in connection with the service mission that is not a result of delay or lack, the service provider is responsible when the loss is caused by failure or neglect on the service's website.
SECTION 30. The scope of the responsibility.
(1) The replacement shall respond to the financial loss the consumer has lidt (outlay, price difference, lost work profit, tinginjury m.m.). This still applies only to loss as one with the equitable could have predicted as a possible following of the relationship.
(2) The forefitting consumer to limit the loss through reasonable measures, the consumer must even carry the corresponding share of the loss.
(3) The responsibility can be set down if it will seem unreasonable for the service provider out from the size of the loss in relation to the loss that usually occurs in similar case, and out from the tilva otherwise.
(4) The replacement rules in the chapter here do not apply to losses in the ervervated business.
SECTION 31 Normal replacement for delay.
(1) The Agreement may determine a normal replacement that the service provider shall pay as damages for loss and disadvantage as a result of delay. Thus, normal replacement has to cover the loss and the disadvantages that the relationship usually brings with them for the consumer. Even if it is not agreed, the consumer may require normal compensation in accordance with ordinary practices in the industry.
(2) If the service provider has been performing rough or otherwise in violation of resorts and good faith, has neglected to limit the loss, or there are other very specific reasons, the consumer of the site may require the replacement of the measure after Section 30.

Chapter VI. Consumer performance (payment, complicity).

SECTION 32. Determining the price.
(1) In the extent that the price does not follow the agreement, it shall be reknered in the usual way for corresponding services on the appointment time (gang price), if not this price is unreasonable. Is there no such gang's price, the consumer should pay what is reasonable after the service's species, scope and execution and tiltva otherwise.
(2) Is the given price estimate, the price shall not exceed the specified amount significantly, and at least not with more than 15 percent. This still does not apply if a different price limit expressly is agreed or the service provider has the right to price drop after Section 33.
(3) By disagreement, it is up to the service provider to make amends about an award-setting is a binding fixed price, a highest price, an award-estimate or just an uncommitted price hint. An price indication is deemed to include mervalue tax and other public fees, unless it must be assumed that the consumer knew that the tax was not reauthored.
(4) Has the service provider acted in violation of Section 5 (3), the price of the price shall be reknered as if the service had been performed in the most affordable manner. The cost that is not covered after this withdrawal, the service provider may still require covered as far as it is reasonable, provided that the interiding payment does not exceed the value that it performed work has for the consumer.
SECTION 33. Priadd.

The service provider may require price drop reed out after Section 32 for

(a) additional work, when compensation is made that the work is not retaken by the mission and has been conducted in accordance with Section 9,
(b) additional materials and work caused by unforeseen conditions on the consumer's side.
SECTION 34. Research o.l.

Should it be conducted a preliminary examination or similar work to clarify whether a service should be ordered, the consumer shall only pay for the work if it is lit or taken reservations about it in advance.

SECTION 35. Payment by accident.

The consumer shall not pay for work or materials that are lost or are harmed by a hending that is not due to the consumer's side, and as incomes before the time of the shortage of misedation after Section 20 (1) and (2).

SECTION 36. Recreation and fees.
(1) The consumer may require the service provider to write the assistance. The advertising shall enable the consumer to judge the species and extent of the work and materials used. In the extent that the service has not been taken to the fixed price, it should also go forward how the price is reed out. The amendment after Section 33 shall be specifically indicated.
(2) The service provider may not require booking fees, vocabulary fees, fee fees, fees for writing and sending of the assistance e.l. as well as the price of the service.
(3) A consumer who has received assistance is bound by the price that has been listed, if the consumer does not within reasonable time say from the price not being accepted. This still does not apply when a lower price follows by appointment or the listed price is unreasonable.
SECTION 37. Payment time.
(1) Does not follow the payment time of the agreement, the consumer shall pay when the service provider requires it after the service is carried out.
(2) A consumer as of adequate time before decay has required specified assistance after Section 36, duties not to pay until the rewithdrawal has been received.
SECTION 38. The Consumer's complicity and

The consumer shall

(a) te such complicity as it is reasonable to wait for the service provider to be able to perform the service
(b) take over things that are with the service provider by retrieving or receiving it.

Chapter VII. The Consumer's cancellation.

SECTION 39. The cancellation.
(1) The consumer can recall the mission completely or partially. Is the work initiated, the consumer may require that the service provider as soon as possible enacts the work entirely or partly.
(2) The service provider can still carry out the work as far as necessary to ensure the resale and sales court after Section 46 and 47 (2), if the consumer does not pay or ask reassuring security for the service provider's claims after Section 40.
SECTION 40. The cancellation responsibility.
(1) For part of the service performed or is conducted in accordance with Section 39, the service provider may require no-charge that answers to that price would constitute if the mission only authored this part (jf Section 32).
(2) The service provider can further claim compensation for losses as a result of the cancellation. This also applies to lost profits so far it allowance that it was not possible to achieve a corresponding profit by missions for others. At the measurement of the replacement, the rules apply to the rules of Section 30 (1) to (3) equivalent. Replacement after clause here can still not be required if the allowance is made
(a) The consumer has no use for the service because the thing or property of the service applies to lost or damage significantly due to unforeseen conditions outside the consumer's control,
(b) law, intervens of public authority or other equivalent unforeseen conditions outside the consumer's control is to the obstacle that the consumer's innovation is doing the service, or
(c) The consumer may not be able to pay or to provide necessary complicity due to unforeseen obstruction beyond the consumer's control.
(3) The Agreement may instead determine a normal replacement (cancellation fee) to be paid if the consumer recalls the mission or requires the work set, so-induced the replacement on the background of the rules in (1) and (2) is reasonable. The exceptions from replacement duty in (2) The fourth period of work that do not perform apply accordingly.

Chapter VIII. Delay on the consumer's side.

SECTION 41. The service of the service is claimed by delay.

At delayed payment or complicity from the consumer who is not due to the service provider's side, the service provider can

(a) halt the work and demand the costs and other losses at the stani replaced after Section 42,
(b) raise after Section 43 for the part of the service that stands again, and demand settlement at the rise of Section 44,
(c) demand interest and interest rate compensation for loss due to delayed payment after Section 45, and
(d) hold back and optionally sell after Section 46 and 47 that thing work applies, and demand compensation for the costs of custody.
SECTION 42. Stessing of the work.
(1) Should it be paid to the research or in parts during the execution of the service, and do not pay the consumer at the right time, the service provider can halt work in anticipation of payment. Is the execution initiated, the service provider shall still be in reasonable extent to carry out work that cannot be exposed without any danger of significantly damage to the consumer.
(2) The considers the service provider worked, the costs and other losses in connection with the standing are required to be replaced. This still does not apply to the extent that it is well-made that the delay is due to unforeseen obstruction beyond the consumer's control. At the measurement of the replacement, the rules apply in Section 30 (1) to (3) equivalent.
(3) The rules in (1) and (2) apply to the equivalent if the consumer does not provide the necessary complicity at the execution of the service.
SECTION 43. Claims.
(1) At delayed payment or complicity from the consumer, the service provider may raise the agreement for the part of the service that stands again, if
(a) The delay is of essential importance,
(b) The consumer does not pay or co-work within a reasonable additional deadline that the service provider has determined, or
(c) it already in advance is clear that the delay will be of essential importance or last out over the additional deadline.
(2) When the service is paid, the service provider may not raise the agreement unless it is reported from to the consumer if it before or immediately the service provider learned about the payment or the co-impact.
SECTION 44. The settlement of the raising.
(1) The Heaver service provider agreement after Section 43, shall the consumer pay as by cancellation of the service on the day that the retaliation took place (Section 40).
(2) Section 16 (3) of the payment of interest applies to the equivalent of the repayment of the settlement received.
SECTION 45. Rente and interest compensation.

Payments not the price or other outstanding amount in time, the service provider at delayed payment may require interest and interest rate compensation after law of 17. December 1976 # 100 on interest at delayed payment m.

SECTION 46. Recautions.

Applies to the service a thing that is surrendered to or who else is with the service provider, and does not pay the consumer not in the right time that the service provider may demand for the mission, the service provider can hold the thing back until the consumer pays or asks reassuring security for the requirement.

SECTION 47. Care-like and sales right.
(1) The service provider shall drag the provision of care for things that are held after Section 46 or that are not taken over at the right time by the consumer. The service provider may require defense costs by the custody of the consumer.
(2) The service provider can sell things as mentioned by the rules of law by 29. May 1953 # 1 about the right for handworkarar o.a. to self-taking things that ikg host henta.

Chapter IX. Ipowertrecation.

SECTION 48. Ipowertrecation.
(1) The law takes effect from the day the King determines. 1
(2) The law only gets the Applicability of agreements that are struck after the law is in effect.
1 From 1 jan 1990 ifg. res. 24 nov 1989 No. 1 1175.