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Right to have service brought into conformity with service contract
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85. (1) Subject to subsection (2), where a service is not in conformity with the service contract, the consumer shall have the right to have the service brought into conformity with the service contract in accordance with subsection (3).
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(2) Subsection (1) shall not apply where it would be impossible to bring the service into conformity with the service contract.
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(3) The trader shall ensure that the service is brought into conformity with the service contract—
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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 service contract, and
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(c) without significant inconvenience to the consumer.
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(4) The reasonable time for bringing the service into conformity with the service contract under subsection (3)(a) shall be the shortest possible time necessary for remedying the lack of conformity of the service with the service contract, having regard to—
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(a) the nature and complexity of the service,
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(b) the nature and severity of the lack of conformity with the service contract, and
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(c) the effort needed to bring the service into conformity with the service contract.
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(5) In objectively determining what is a significant inconvenience to the consumer for the purposes of subsection (3)(c), regard shall be had to—
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(a) the nature of the service,
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(b) the purpose for which it is required by the consumer, and
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(c) any other relevant circumstances.
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(6) Subsection (7) applies where—
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(a) bringing a service into conformity with a service contract requires the removal of goods that were installed in a manner consistent with their nature and purpose before the lack of conformity became apparent, or
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(b) goods that were installed in a manner consistent with their nature and purpose before the lack of conformity with the service contract became apparent require to be replaced.
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(7) The trader’s obligation to bring the service into conformity with the service contract shall include—
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(a) the removal of the goods and—
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(i) their repair and reinstallation, or
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(ii) the installation of goods in place of them,
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or
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(b) bearing the costs incurred under paragraph (a).
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