Consumer Credit Act 1995

F103[Repair or replacement of goods

73K

73K.(1) This section applies where goods are to be brought into conformity with the hire-purchase agreement by repair or replacement.

(2) The owner shall ensure that the repair or replacement of the goods is carried out—

(a) free of charge,

(b) within a reasonable time after being informed by the hirer of the lack of conformity with the agreement, and

(c) without significant inconvenience to the hirer, taking into account the nature of the goods and the purpose for which the hirer requires the goods.

(3) The reasonable time for completing the repair or replacement of the goods under subsection (2)(b) shall correspond to the shortest possible time necessary for completing the repair or replacement and shall be objectively determined having regard to the nature and complexity of the goods, the nature and severity of the lack of conformity and the effort needed to complete the repair or replacement.

(4) The hirer shall make the goods that are to be remedied by repair or replacement available to the owner.

(5) The owner shall take back any goods that have been replaced and any goods that are to be repaired at the owner’s expense.

(6) Subsection (7) applies where—

(a) it is necessary to remove goods in order to repair or replace them, and

(b) the goods were installed in a manner consistent with their nature and purpose before the lack of conformity of the goods with the hire-purchase agreement became apparent.

(7) The owner’s obligation to repair or replace the goods under subsection (2) includes—

(a) the removal of the goods that are not in conformity with the hire-purchase agreement (referred to in this subsection as the "non-conforming goods"),

(b) where the non-conforming goods are repaired, the installation of those goods,

(c) where the non-conforming goods are replaced, the installation of the goods that replace the non-conforming goods, and

(d) bearing the costs of any such removal and installation.

(8) The hirer shall not be liable to pay for the normal use of any goods that are replaced during the period prior to their replacement.

(9) In this section, "free of charge" means free of the necessary costs incurred in order to bring goods into conformity with the hire-purchase agreement, particularly the cost of postage, carriage, labour or materials.]

Annotations:

Amendments:

F103

Inserted (29.11.2022) by Consumer Rights Act 2022 (37/2022), s. 150(1), S.I. No. 596 of 2022, subject to transitional provision in subs. (2).