Repair or replacement of goods
15.—(1)  If section 14 applies, the transferee may require the transferor to —
(a)repair the goods; or
(b)replace the goods.
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(2)  If the transferee requires the transferor to repair or replace the goods, the transferor must —
(a)repair or (as the case may be) replace the goods within a reasonable time and without causing significant inconvenience to the transferee; and
(b)bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).
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(3)  The transferee must not require the transferor to repair or (as the case may be) replace the goods if that remedy is —
(a)impossible;
(b)disproportionate in comparison to the other of those remedies; or
(c)disproportionate in comparison to an appropriate reduction in the amount to be paid for the transfer under paragraph (a), or rescission under paragraph (b), of section 16(1).
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(4)  One remedy is disproportionate in comparison to the other if the one imposes costs on the transferor which, in comparison to those imposed on the transferor by the other, are unreasonable, taking into account —
(a)the value which the goods would have if they conformed to the applicable contract;
(b)the significance of the lack of conformity with the applicable contract; and
(c)whether the other remedy could be effected without causing significant inconvenience to the transferee.
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(5)  Any question as to what is a reasonable time or significant inconvenience is to be determined by reference to —
(a)the nature of the goods; and
(b)the purpose for which the goods were acquired.
[12C
[7/2012]