the goods do not conform to the applicable contract at the time of delivery; and
(c)
the contract was made on or after 1 September 2012.
[7/2012]
(2) If this section applies, the transferee has the right —
(a)
under and in accordance with section 15, to require the transferor to repair or replace the goods; or
(b)
under and in accordance with section 16 —
(i)
to require the transferor to reduce the amount to be paid for the transfer by the transferee by an appropriate amount; or
(ii)
to rescind the contract with regard to the goods in question.
[7/2012]
(3) For the purposes of subsection (1)(b), goods which do not conform to the applicable contract at any time within the period of 6 months starting after the date on which the goods were delivered to the transferee must be taken not to have so conformed at that date.
[7/2012; 25/2016]
(4) Subsection (3) does not apply if —
(a)
it is established that the goods did so conform at that date; or
(b)
its application is incompatible with the nature of the goods or the nature of the lack of conformity.