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Continuing entitlement to pursue other remedies
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95. (1) The remedies provided for in this Chapter do not affect the right of a consumer to pursue other remedies (without recovering twice for the same loss) where a service is not in conformity with the service contract or the trader otherwise fails to comply with the requirements of this Part.
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(2) The other remedies referred to in subsection (1) include in particular any of the following remedies that may be available to the consumer:
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(a) claiming damages;
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(b) relying on the failure of the trader to comply with the requirements of this Part against a claim under the service contract by the trader for payment of the price;
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(c) seeking to recover money paid to the trader for a service that does not comply with the requirements of this Part;
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(d) having a lack of conformity of the service with the service contract remedied elsewhere and recovering from the trader all reasonable costs incurred in having the lack of conformity so remedied.
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(3) An exclusion or limitation of a remedy provided for in this section shall be subject to assessment for unfairness under Part 6.
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