[F1 PART 5A U.K. ADDITIONAL RIGHTS OF BUYER IN CONSUMER CASES

Textual Amendments

F1 Pt. 5A (ss. 48A-48F) inserted (31.3.2003) by S.I. 2002/3045, reg. 5

F2 48BRepair or replacement of the goods U.K.

 

(1) If section 48A above applies, the buyer may require the seller—

(a) to repair the goods, or

(b) to replace the goods.

(2) If the buyer requires the seller to repair or replace the goods, the seller must—

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

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

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

(a) impossible, or

(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 48C(1) below.

(4) One remedy is disproportionate in comparison to the other if the one imposes costs on the seller 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 of sale,

(b) the significance of the lack of conformity, and

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

(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.]

Textual Amendments

F2 Pt. 5A (ss. 48A-48F) inserted (31.3.2003) by S.I. 2002/3045, reg. 5