Consumer Rights Act 2022
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Right of action pursuant to commercial guarantee | ||
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43. (1) Without prejudice to section 40 , a consumer may maintain an action against a guarantor, or a person liable for the observance of the guarantor’s guarantee under section 41 , who fails to comply with the terms of a commercial guarantee in relation to a sales contract as if that person had sold the goods to which the sales contract relates to the buyer and had committed a breach of warranty. | ||
(2) Where an action is brought by a consumer under subsection (1), a court may order the guarantor or other person liable for the observance of the guarantee under section 41 to pay damages to the consumer. | ||
(3) In any case in which a producer or trader is liable in damages under subsection (2), the court may, on such terms as the court may deem just, afford the guarantor or other person liable for the observance of the guarantee under section 41 the opportunity of performing the obligations under the guarantee to the satisfaction of the court within such time as may be specified by the court. |