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Repair or replacement of goods
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25. (1) This section applies where goods are to be brought into conformity with the sales contract by repair or replacement.
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(2) The trader shall ensure that the repair or replacement of the goods is carried out—
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(a) free of charge,
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(b) within a reasonable time after being informed by the consumer of the lack of conformity with the sales contract, and
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(c) without significant inconvenience to the consumer, taking into account the nature of the goods and the purpose for which the consumer required the goods.
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(3) Subject to any provision made by regulations under subsection (8), 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—
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(a) the nature and complexity of the goods,
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(b) the nature and severity of the lack of conformity with the sales contract, and
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(c) the effort needed to complete the repair or replacement.
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(4) The consumer shall make the goods to be remedied by repair or replacement available to the trader.
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(5) The trader shall take back the replaced goods and the goods to be repaired at the trader’s expense.
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(6) Where a repair requires the removal of goods that had been installed in a manner consistent with their nature and purpose before the lack of conformity with the sales contract became apparent, or where such goods are to be replaced, the trader’s obligation to repair or replace the goods shall include—
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(a) the removal of the goods that are not in conformity with the sales contract and the installation of replacement goods or repaired goods, or
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(b) bearing the costs of that removal and installation.
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(7) The consumer shall not be liable to pay for the normal use of the replaced goods during the period prior to their replacement.
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(8) The Minister may—
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(a) where he or she is satisfied that such regulations would be in the interests of consumer protection and fair competition, and
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(b) after consultation with such persons as the Minister considers appropriate,
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by regulations specify the period in relation to a specific category of goods that is to be generally regarded as “reasonable” for the repair or replacement of that category of goods for the purposes of subsections (2)(b) and (3).
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