If the item has a defect for which the seller is liable, the consumer must usually give the company that sold the item a chance to carry out a repair.
- The company always has the right to repair the item if this can be done within a reasonable time without causing a decrease in the value of the item and without undue inconvenience to the buyer.
- The buyer may refuse the offer of repairing the item if it would cause significant inconvenience or a decrease in the value of the item. A reason for refusal may also be the likelihood that the repair would fail. If repair is out of the question, the company may make good the defect by replacing the item with an equivalent non-defective item.
If it is not possible to either repair the defect or to supply a non-defective item, the defect may be made good by agreeing on
- a price discount. A discount may be considered usually when the defect is of a minor nature.
- cancellation of the transaction. Cancellation of the transaction only applies if the defect is not minor and cannot be made good in any other way.
The company that sold the item bears primary responsibility for making good a defect, and cannot oblige the consumer to agree on repairs or other compensation with the importer or a provider of after-sales service.
Defective or faulty goods