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Consumer Rights Act 2015

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This is the original version (as it was originally enacted).

What remedies are there if statutory rights under a services contract are not met?

54Consumer’s rights to enforce terms about services

(1)The consumer’s rights under this section and sections 55 and 56 do not affect any rights that the contract provides for, if those are not inconsistent.

(2)In this section and section 55 a reference to a service conforming to a contract is a reference to—

(a)the service being performed in accordance with section 49, or

(b)the service conforming to a term that section 50 requires to be treated as included in the contract and that relates to the performance of the service.

(3)If the service does not conform to the contract, the consumer’s rights (and the provisions about them and when they are available) are—

(a)the right to require repeat performance (see section 55);

(b)the right to a price reduction (see section 56).

(4)If the trader is in breach of a term that section 50 requires to be treated as included in the contract but that does not relate to the service, the consumer has the right to a price reduction (see section 56 for provisions about that right and when it is available).

(5)If the trader is in breach of what the contract requires under section 52 (performance within a reasonable time), the consumer has the right to a price reduction (see section 56 for provisions about that right and when it is available).

(6)This section and sections 55 and 56 do not prevent the consumer seeking other remedies for a breach of a term to which any of subsections (3) to (5) applies, instead of or in addition to a remedy referred to there (but not so as to recover twice for the same loss).

(7)Those other remedies include any of the following that is open to the consumer in the circumstances—

(a)claiming damages;

(b)seeking to recover money paid where the consideration for payment of the money has failed;

(c)seeking specific performance;

(d)seeking an order for specific implement;

(e)relying on the breach against a claim by the trader under the contract;

(f)exercising a right to treat the contract as at an end.

55Right to repeat performance

(1)The right to require repeat performance is a right to require the trader to perform the service again, to the extent necessary to complete its performance in conformity with the contract.

(2)If the consumer requires such repeat performance, the trader—

(a)must provide it within a reasonable time and without significant inconvenience to the consumer; and

(b)must bear any necessary costs incurred in doing so (including in particular the cost of any labour or materials).

(3)The consumer cannot require repeat performance if completing performance of the service in conformity with the contract is impossible.

(4)Any question as to what is a reasonable time or significant inconvenience is to be determined taking account of—

(a)the nature of the service, and

(b)the purpose for which the service was to be performed.

56Right to price reduction

(1)The right to a price reduction is the right to require the trader to reduce the price to the consumer by an appropriate amount (including the right to receive a refund for anything already paid above the reduced amount).

(2)The amount of the reduction may, where appropriate, be the full amount of the price.

(3)A consumer who has that right and the right to require repeat performance is only entitled to a price reduction in one of these situations—

(a)because of section 55(3) the consumer cannot require repeat performance; or

(b)the consumer has required repeat performance, but the trader is in breach of the requirement of section 55(2)(a) to do it within a reasonable time and without significant inconvenience to the consumer.

(4)A refund under this section must be given without undue delay, and in any event within 14 days beginning with the day on which the trader agrees that the consumer is entitled to a refund.

(5)The trader must give the refund using the same means of payment as the consumer used to pay for the service, unless the consumer expressly agrees otherwise.

(6)The trader must not impose any fee on the consumer in respect of the refund.

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